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FLORIDA
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METRO (DC-MD-VA-NY) |
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US IMMIGRATION UPDATES
JAN 2000 |
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Immediate Opening for Nurses |
By Vanessa S. Barcelona
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It
appears that the immigration of nurses into the U.S. is once
again a hot topic. Many hospitals around the U.S. have announced
a shortage of nurses within their facilities, and are once again
recruiting foreign nurses en masse. What laws are presently
available to facilitate the entry of nurses into the U.S.? |
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On November 12, 1999, President Clinton signed into law the Nursing
Relief for Disadvantaged Areas Act. This new law creates a separate
non-immigrant category for non-immigrant nurses, who may now enter
the U.S. on the
newly-created H-1C visa. Before you start thinking, however, that
what we have here is the resurrection of the cancelled H-1A
category, note that only 500 visas annually for the next 4 years
will be allocated. Furthermore, the
H-1C will be available only for work in any of the health
professional shortage areas designated by the Department of Health
and Human Services. Unless the H-1C sponsorship, therefore, involves
placement in a shortage area, the petition will not be approved.
For the most part, therefore, it appears that we are still left with
the other means to bring nurses into the United States -- the
immigrant visa petition. Following the cancellation of the H-1A, and
prior to the suspension of green card approvals pending
announcements of the new certification requirements, the immigrant
route was practically the only available means for nurses to enter
the U.S.
Thankfully, in the past year the U.S. Consulate has resumed
interviews of nurses seeking an immigrant visa at the various
consulates worldwide. For years, interviews were not scheduled
pending issuance of the regulations involving the now-required Visa
Screen Certificate, a certificate validating that the immigrating
nurse has fulfilled all regulatory requirements including a review
of his/her education, licensure, experience, and English language
proficiency.
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This article will attempt to answer the most common questions one
may ask in seeking to fulfill the necessary criteria for immigrating
to the U.S. as a nurse. It will also take into account those
questions relevant to the nurses who are already in the U.S., who
are or will be applying for adjustment of status.
1. What are the requirements for issuance of the Visa Screen
Certificate?
Essentially, a certificate will be issued if the applicant
successfully demonstrates the following: education that is comparate
to that of a U.S.-educated nurse; unencumbered licensure in the
foreign country; passing scores on the CGFNS exam or the NCLEX-RN
exam; and passing scores on the English language exam -- this can
either mean passing scores on the TOEFL, TSE and TWE; or passing
scores on the MELAB.
2. At what point of the process is the Visa Screen
Certificate required?
One must have the Visa Screen Certificate before the adjustment of
status is granted, if the applicant is in the U.S.; or before the
visa is granted at
the consulate, if one is outside the country. It is not necessary,
in filing the immigrant visa petition (I-140) with the INS, to have
the certificate at that point. At the INS level, it is sufficient to
show passing scores on the
CGFNS exam; or state licensure. Once the I-140 is approved, this
will either allow the Beneficiary to apply for adjustment of status
or make the arrangements for the consular interview abroad. No
adjustment will be
granted; or no immigrant visa will be approved, without proof of
having obtained the Visa Screen Certificate.
3. What is the foreign nurse was already the beneficiary of
an approved I-140 petition filed years ago?
Unfortunately, unless the I-140 petitioner is still available and
interested in extending the job offer, the Beneficiary cannot use
that approved I-140 to proceed at the consular level at this time.
On the same token, one with a pending adjustment of status
application who changes employers will be required to have a new
I-140 filed on their behalf, in order to proceed with the
already-pending adjustment of status application. Thus, in both
cases, a new I-140 will have to be filed and approved. It is
noteworthy, however, to mention that a copy of the approved I-140
whould be included in the new I-140 petition, as it may speed up
approval of the new I-140.
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4. Is State licensure required to obtain an immigrant visa
at the consular level?
No. The whole purpose of requiring the Visa Screen Certificate is to
assess
the foreign nurse's chances of passing the U.S. licensure exam, and
obtaining licensure in the U.S. The CGFNS exam is modeled on the
NCLEX-RN examination taken for state licensure. Therefore, the Visa
Screen Certificate is designed to identify nurses with a high
potential of obtaining U.S. licensure, and this sufficiently
satisfies the government's interest in ensuring that the foreign
nurse is qualified to practice the profession in the U.S.
5. Who issues the Visa Screen Certificate and how do I
contact them?
The Commission on Graduates of Foreign Nursing Schools (CGFNS) has
been authorized by the U.S. Immigration and Naturalization Service
(INS) to issue the required certificates. The same organization has
been authorized to issue certification to foreign-trained physical
therapists and occupational therapists as well. You may contact them
by telephone at 215-222-8454; by mail at 3600 Market Street, Suite
400, Philadelphia, PA 19104-2651; or you may visit their website at
www.cgfns.org.
It was hoped, by revisiting this old but currently timely topic,
that the reader would be provided with sufficient information to
determine, where applicable, the feasibility of utilizing this means
of immigrating to the U.S., whether it is for themselves, or for
friends and family members. For additional information, please
contact an immigration lawyer.
VANESSA S. BARCELONA is a partner with the law offices
of Barcelona & Pilarski, P.A. She obtained her law degree from the
University of Florida. She is a member of the American Immigration
Lawyers Association, the American Bar Association, and the Florida
Bar. Please send all e-mails to: vsbarcelona@earthlink.net
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