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Congress Urged to
Postpone Looming VisaScreen Requirement
Posted
Apr 09, 2004
The Senate Judiciary Committee sent a letter to Department of Homeland
Security (DHS) Secretary, Tom Ridge, on March 25, 2004, urging a delay of
the effective date of the regulation that will require health care workers
to obtain a VisaScreen certificate as a requirement for admission to the
U.S. on nonimmigrant status. News of publication of the final regulation was
reported to our readers in our August 1, 2003 MurthyBulletin article,
New Certification
Requirements for Health Care Professionals, and in our October
10, 2003 article entitled,
USCIS Memo on
Certification of Health Care Workers, both available on
MurthyDotCom. If Congress takes no action, health care workers will have
to present the certificate as a requirement for admission, even on
nonimmigrant status into the U.S., beginning July 26, 2004. The letter from
the Judiciary Committee requests that the date be postponed to October 1,
2005, to give health care workers sufficient time to obtain the VisaScreen
certificate. The VisaScreen is a health care worker certificate issued by
the Commission for Graduates of Foreign Nursing Schools (CGFNS).
Members of the Judiciary Committee cited concern that the regulation would
aggravate the nation’s current nursing shortage and disrupt the delivery of
health care services in many hospitals. The Committee noted that the
requirement was redundant for nurses who already hold a state license, and
also for nurses educated in the U.S. The Committee expressed further concern
that health services would be disrupted in northern border states that
employ Canadian nurses who cross the border each day to work in U.S.
hospitals.
The Judiciary Committee noted that the CGFNS was the only entity authorized
to issue the certificates to nurses, and that the regulation would add an
increased burden to the already heavy workload of the CGFNS, which would
result in significant delays. The Committee urged Congress to work with
CGFNS to provide foreign health care workers with an efficient and
streamlined certification process.
This is welcome news for Canadian nurses working on TN status in the U.S.
and other nurses in any other nonimmigrant status, like H1B or F-1 Optional
Practical Training. Hospitals already suffering from an acute shortage of
nurses would also be served by the delay. Without Congressional
intervention, all nonimmigrant nurses will be required to obtain the
VisaScreen Certificate by July 26, 2004 in order to keep working in the U.S.
We at MurthyDotCom and the MurthyBulletin will continue to
monitor this development and will update our readers.
©
The Law
Office of Sheela Murthy, P.C.

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