Processing of Certain Foreign Health Care Workers
Prior to May 1998
Effective immediately, the only health care occupations covered by 212(a)(5)(C) of the Act, as added by section 343 of IIRAIRA are the following: nurses, physical therapists, occupational therapists, speech language pathologist, medical technologist, medical technicians and physician assistants.
An alien coming to the United States to perform health care services in any other occupation, either as an immigrant or a nonimmigrant, is not subject to a determination of admissibility under INA 212(a)(5)(C).
Nurses
In part III of the January 28 memorandum, the INS discussed the certification requirements for registered nurses. The memorandum implied that a nurse could adjust status in the United States if the nurse obtained a certification from the Commission on Foreign Nursing Schools (CGFNS). Unfortunately, the certification contemplated in the memorandum has not been developed by the CGFNS. The current CGFNS certificate is not equivalent to the certification discussed in section 343 of IIRAIRA. There are at least two differences between the two certifications. As a result, a nurse may not adjust status in the United States or be admitted to the United States on an immigrant visa until such time as the nurse obtains a certificate issued under the provisions of section 343 of IIRAIRA. Nurses seeking entry into the United States as nonimmigrant aliens should be processed pursuant to the instructions contained in the section of the memorandum discussing waivers.
INS officers should not advise an alien to obtain a certificate from CGFNS since the current certificate does not overcome this ground of inadmissibility. This provision applies to both aliens educated in the United States and abroad. © The Law Office of Sheela Murthy, P.C.
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