Health Care Workers Under Recent Laws
Prior to May 1998

Recent laws require that all foreign health care workers coming for the purpose of performing labor as a health care worker present to the consular officer, or in the case of an adjustment of status, the INS officer, a certificate from the CGFNS (Commission on Graduates of Foreign Nursing Schools) or an independent certifying agency approved by the Attorney General and verifying compliance with the requirements listed in the laws. Such certification was not previously required unless a specific State mandated a State licensure.

All health care workers are subject to prescreening under this recent law. This includes any alien seeking an immigrant or nonimmigrant visa as a nurse, physical therapist, occupational therapist, speech-language pathologist, medical technologist and technician, or physician assistant.

Those who are immediately affected are visa applicants based upon INS approved petitions: Immigrant petitions in the EB2 and EB3 categories, and, possibly non-immigrants in H1B, J, perhaps L, and Mexican TNs. It appears that the Canadian TN category may be the only nonimmigrant which may not require a certification under the new law.

In summary, any non-U.S. worker seeking to the enter the United States as an immigrant for the purpose of performing labor as a health-care worker is required to be certified, like the present process for physicians and nurses. The U.S. State Department will refuse visas to any health care workers pending the implementation of the required certification procedure.