|  HEALTH
CARE WORKERS REQUIRED TO SUBMIT CGFNS CERTIFICATE AT TIME OF FILING
FOR ADJUSTMENT OF STATUS
by Michael J. Gurfinkel, Esq.
On September 22, 2003, The United States Citizenship and Immigration
Services (USCIS) (formerly known as INS and BCIS) released a memo
that would require nurses and certain other health care workers
to present a certificate from the Commission on Graduates of Foreign
Nursing Schools (CGFNS) or other equivalent credentialing organizations
at the time of filing of their
adjustment of status application. Previously, nurses and other
health care workers were able to file for adjustment of status
without the CGFNS certificate in hand, and could obtain the certificate
up to the time of their adjustment interview. Now, they must have
the CGFNS certificate in hand at the time of the filing
for adjustment of status.
Under the rules, an alien who seeks admission to
the U.S. for the primary purpose of working as a health care worker,
other than a physician, is inadmissible (ineligible for a visa
or green card) unless he or she presents a certificate from the
CGFNS or other authorized credentialing organization at the time
of the filing of the visa or
adjustment application.
The certification generally verifies that the alien’s
training, license, experience, and English-language ability meet
minimum standards, and are comparable with that required for an
American health care worker of the same type.
The seven health care professions required to submit
what is commonly known as VisaScreen certificates are nurses (licensed
practical nurses, licensed vocational nurses and registered nurses),
physical therapists, occupational therapists, speech-language
pathologists, and audiologists, medical technologists (also known
as clinical laboratory scientists), medical technicians (clinical
laboratory technicians) and physician assistants.
CGFNS is authorized to issue health care certificates
for all seven occupations. The National Board for Certification
in Occupational Therapy (NBCOT) issues certificates for occupational
therapists only. The Foreign Credentialing Commission on Physical
Therapy (FCCPT) issues certificates for physical therapists only.
Under the new regulations, if the alien is adjusting
status, all eligibility requirements, including
certification from CGFNS (or other credentialing organization)
must be submitted at the time of the filing
of the application for adjustment of status, and not later during
the adjustment interview.
Nurses and physical therapists are still one of
the best ways to get a green card, as they are “pre-approved”
or pre-certified for the job (meaning exempt from obtaining labor
certification from the Department of Labor). In the past, they
could file adjustment, and get the CGFNS certificate while waiting
for their adjustment interview. So now, you need the CGFNS certificate
in hand in order to file for adjustment.
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