Healthcare workers required to submit CGFNS certificate at time of filing

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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