Update on Implementation of Section 343 for Health Care Workers
Posted May 29, 1999

As reported earlier, in the February 1999 edition of the Immigration Bulletin of the Law Office of Sheela Murthy, the 1996 immigration law imposed new certification requirements on foreign, non-physician health care workers. We reported in our February 1999 article that regulations had been issued enabling certifying organizations to issue the new certifications for nurses and physical therapists. A new rule has now been issued with respect to physical and occupational therapists.

The new regulations, which were issued April 30, 1999, authorize the Commission on Graduates of Foreign Nursing Schools (CGFNS), which is the INS-approved credentialing agency for nurses, to also issue certificates for occupational and physical therapists. (As per previous regulations, occupational therapists can also obtain certification from the National Board for Certification in Occupational Therapy (NBCOT). In addition, the new rule provides that the Foreign Credentialing Commission on Physical Therapy (FCCPT) has the authority to issue certificates to physical therapists. The April 30, 1999 rule goes into effect on June 29, 1999.

We would also like to provide an update on INS' approach to a problem discussed in our February 1999 article -- the issue of not providing enough response time to obtain the new certifications for pending adjustment (I-485) applications. Generally, the INS issues a Request for Evidence (RFE) indicating that the certificate must be provided within 90 days. As we mentioned in the February 1999 article, INS is concerned that 90 days may not be sufficient time, but the regulations do not allow for a longer response time. INS has since indicated that some type of response, even if it is not the actual certification, should be provided within the time frame stated on the RFE. If the applicant does appear to need more time, and presents the documentation available, then INS may provide another notice granting an additional period of time to obtain the certification.