Nurses, Immigration and Visas

Immigration and Visas
In general, what type of visas do foreign health professionals apply for?
A Permanent (immigrant) visa, also known as a "green card."
A Temporary (non-immigrant) visa, of which there are three types: H-1B, H-1C and TN (Trade NAFTA).
Each visa category has its own numeric quota and length of renewal and stay. The term "green card" is known all over the world; however, it is not an official name. The offical name is Alien Registration Receipt Card. Many people believe, mistakenly, that green cards are work permits. Although that is one of its features, identifying the holder as a permanent resident of the U.S. is its main function. A green card holder is required to make the U.S. their permanent home, if they do not, they risk losing the card.
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What are the different categories under which an applicant could apply for a permanent visa?
INS has established nine (9) categories for "green card" applicants:
Immediate relatives
Family preference; employment preference
Ethnic diversity – green card lotteries
Investors
Special immigrants
Refugees and individuals seeking political asylum
Temporary protected status
Amnesty
Special agricultural workers
Each green card preference category has a numeric quota and specialized criteria.
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I am a Canadian nurse, who wishes to work in the United States under the Trade NAFTA (TN) visa. Do I need to go through the VisaScreen™ program?
Yes. Certificates are required for healthcare workers entering the United States on permanent and temporary, including the "TN" Visa categories.
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IIRIRA and Section 343
What is the Illegal Immigration Reform and Immigrant Responsibility Act, and how does that affect me (as a foreign-educated healthcare professional)?
Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires that certain healthcare professionals educated outside of the United States satisfy a screening program prior to receiving a temporary or permanent occupational visa (including H-1B, H-2B, TN and permanent resident alien visas). The screening includes an assessment of an applicant’s foreign education to ensure that it is comparable to that of a U.S. graduate in the same profession; verification that the applicant’s licenses are valid and unencumbered; determination of English language proficiency; and in the case of nursing applicants, verification that the nurse has either earned a CGFNS Certificate or passed the NCLEX-RN® examination.
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When did the final regulations of Section 343 take effect?
The final regulations were issued July 25, 2003 and became effective September 23, 2003.
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Was CGFNS named as a federally-approved provider of certifications under Section 343?
Yes. Under Section 343, CGFNS was named as a federally-approved provider of certifications for healthcare professionals seeking immigrant visas or adjustment of status to permanent resident, other than physicians. Under Section 343, CGFNS can certify nurses, physical therapists, occupational therapists, speech language pathologists and audiologists, medical technologists, medical technicians and physician assistants.
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How does CGFNS certify foreign healthcare workers to meet the requirements of Section 343?
CGFNS created a new division in 1996, the International Commission on Healthcare Professions (ICHP), to administer its new service VisaScreen™: Visa Credentials Assessment. VisaScreen™ was established to enable healthcare professionals to meet the requirements of Section 343 by verifying and evaluating their credentials to ensure that they meet the government’s minimum eligibility standards. Applicants who successfully complete VisaScreen™ receive a VisaScreen™ Certificate, which can be presented to a consular office, or in the case of adjustment of status, to the Attorney General as part of a visa application.
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What healthcare professions does ICHP certify?
Under the United States Citizenship and Immigration Service (USCIS) regulations, ICHP can certify registered nurses, licensed practical nurses, occupational therapists, physical therapists, speech language pathologists and audiologists, medical technologists, medical technicians and physician assistants.
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Were any other organizations named as federally-approved providers of certifications under Section 343?
Yes. In addition to CGFNS being named as a federally-approved agency to certify nurses, occupational therapists, physical therapists, speech language pathologists and audiologists, medical technologists, medical technicians and physican assistants, the National Board for Certification in Occupational Therapy (NBCOT) was also named as a federally-approved provider of certification only for occupational therapists, and the Federation of State Boards of Physical Therapy (FSBPT) was named to certify only physical therapists.
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I am a foreign healthcare worker who is obtaining permanent resident status based on my relationship (e.g. spouse or dependent) to a U.S. citizen. Do I need to obtain a certification?
No. Foreign healthcare workers who seek permanent resident status based on their relationship to an American citizen are not subject to Section 343 and do not need to obtain a certification.
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I am a foreign-educated healthcare professional in a non-clinical occupation (such as medical teachers or researchers, administrators of healthcare facilities, medical consultants, etc.). Do I need to obtain certification under Section 343?
No. Healthcare professionals coming to the United States to perform services in non-clinical healthcare occupations that do not provide patient care are not required to obtain certification under Section 343. However, healthcare professionals who are indirectly involved in the performance of patient care (such as supervisory nurses, etc.) must obtain certification under Section 343, such as the VisaScreen™ Certificate.
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I am a nurse who holds a CGFNS Certificate. Do I still need to apply for the VisaScreen™ Certificate?
Yes. The VisaScreen™ Certificate is required for all healthcare professionals (except physicians) who are seeking an immigrant visa or a change in status to permanent residency. One of the requirements of the VisaScreen™ program is that nurses must have passed either the CGFNS Qualifying Exam or the NCLEX-RN® examination. Since you already have the CGFNS Certificate, you will not have to take another nursing exam to obtain your visa, and your transcripts on file may be used for the educational evaluation element of the VisaScreen™ program.
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How can I obtain a VisaScreen™ application?
You can apply for the VisaScreen™ Program in one of three ways:
1. Request a copy of the VisaScreen™ Program Application from CGFNS by mail or phone.
2. Apply online at http://www.cgfns.org/sections/app/applyOnline.shtml.
3. Download VisaScreen™ Program Application from www.cgfns.org/sections/app/applib.shtml.
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SECTION 212 (r)
What is a 212(r) Certified Statement?
Section 212(r) of IIRIRA authorizes CGFNS to issue “Certified Statements” to foreign educated nurse who meet the criteria.

212(r) Requirements:

• The registered nurse must have been educated in one of the listed exempt countries: United Kingdom, (England, Wales, Northern Ireland and Scotland), Australia, Canada except Quebec, South Africa, New Zealand, Ireland, Trinidad/Tobago or the United States.

To verify the graduation from an approved school of nursing, we will require that the school send verification of graduation stating that the language of instruction and textbooks was in English.

The verification of graduation will be required to carry the official school seal and signatures where they exist. We will no longer need a full transcript or a Nursing Education Form.

• The registered nurse must have passed NCLEX® and be licensed by examination to practice in one of five states: Florida, Georgia, New York, Illinois and Michigan. We must receive a license validation form from one of those states. Those states have their own processes to validate foreign licenses of foreign educated nurses and therefore we will not have to duplicate those efforts.

• The nursing school must be one of those approved by CGFNS and included in the list which CGFNS established in 1999 after its review of the education in the above countries. Any school founded after November 1999 must be reviewed and approved by CGFNS.

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Who can apply for, and what are the criteria for the issuance of these "certified statements?"
A nurse applying for a "certified statement" must demonstrate that he or she:
1. already possesses a valid and unencumbered licenses as a nurse in a state where the alien intends to be employed and such state verifies that the foreign license of alien nurses are authentic and unencumbered;
2. has already passed the National Council Licensure Examination for registered nurses (NCLEX-RN®); and
3. is a graduate of a nursing program (a) in which the language of instruction was English, (b) located in a country designated by CGFNS within 30 days of the date of enactment of P.L. 106-95, based on CGFNS’ assessment that the quality of nursing education in that country, and the English language proficiency of those who completed English-language-medium programs in that country justify the country’s designation, and (c) if that nursing program was in operation before November 12, 1999, or is subsequently designated by CGFNS and any equivalent credentialing organizations approved for the credentialing of nurses under subsection 212(a)(5)(C).
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How were the countries listed as part (b) of the third criterion above, selected?
Public Law 106-95 (the 1999 law regarding H-1C visas) conferred on CGFNS the authority to designate certain countries on the basis of CGFNS’ assessment that the quality of nursing education in that country, and the English language proficiency of those who completed English-language nursing education programs in that country, justify that country’s nursing graduates as qualifying for the "certified statement" process.
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How do I apply for a "certified statement" from CGFNS?
Complete the VisaScreen™ application, marking "Certified Statement" in the other box on the application. You must also indicate which U.S. state(s) you are currently licensed in on the application form. Fill out the application completely, mail your application with the appropriate fee and send your records, transcripts and validations request forms to the proper schools/licensing authorities. School transcripts and records, and all past and current license validations must come directly from the schools/licensing authorities to CGFNS.
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Do I need to have a validation form completed for every license I've ever held?
Yes. CGFNS needs validations on every license, past and present, foreign and U.S.
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I am a Canadian nurse; do I need a VisaScreen™ (ICHP) certificate?
Yes, the final regulations issued under Section 343 require Canadian healthcare workers to obtain a VisaScreen™ if they are seeking either a temporary or permanent employment a Visa or working under Trade NAFTA STatus.
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What do I do if my credentials do not meet the requirements of whichever CGFNS service I am applying to?
Depending on what part of your application was deficient, CGFNS might be able to provide you with information on how to rectify the deficiency.
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What do I do if my transcripts and/or registrations/licenses are in a language other than English?
Transcripts and registrations/licenses not in English, need to be accompanied by a word-for-word translation directly from the schools and registration authorities. Translations should also include a Certification of Accuracy (please see instructions on your application). If the school or registration authority cannot provide word-for-word translations, CGFNS can provide this service to the applicant for a fee.
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Note: The above information was taken from the official site http://www.cgfns.org/sections/faqs/immigration_visas.shtml#16