DOS Informs Consulates of INS Rule for Healthcare Workers
Posted May 18, 2001

In the January 26, 2001 issue of the MurthyBulletin, we announced that on January 16, 2001 INS had published an interim rule regarding certification requirements for Physician's Assistants, Speech / Language Pathologists and Audiologists, Medical Technologists (also known as Clinical Laboratory Scientists), and Medical Technicians (also known as Clinical Laboratory Technicians). As that regulation took effect on March 19, 2001, the U.S. Department of State (DOS) issued a telegram to consulates processing immigrant visa applications.

For a description of the certification requirements imposed by Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), and information on who must obtain the certificates, please refer to our earlier article, entitled Regulations for Remaining Categories of Healthcare Workers.

The January 16, 2001 rule enables the Commission on Graduates of Foreign Nursing Schools (CGFNS), which previously was authorized to issue certificates for Registered Nurses (RNs), Occupational Therapists (OTs) and Physical Therapists (PTs), to also certify the remaining categories of health care professionals listed above. (Two other, more specialized professional organizations also have the authority to certify OTs and PTs.) The rule also discusses details such as the required passing score on the English language test for each type of professional, and other criteria and procedures for applying.

In its March 19, 2001 telegram DOS alerts consulates to the fact that these professionals can now present certificates from CGFNS to comply with section 343. Many immigrant visa applications had been placed on hold, waiting for INS to publish regulations on the certificate requirements. These cases can now proceed, once the applicants obtain the certificates. The telegram also describes the prior regulations regarding certificates for RNs, OTs and PTs and reminds posts that the certificates are currently needed only for immigrant (permanent) visa applicants; not for temporary workers.