Policy affects hiring of foreign health care workers

AORN Journal, May, 2004

A major change in federal policy will affect the hiring of foreign health care workers in the United States, according to a March 8, 2004, news release from the Commission on Graduates of Foreign Nursing Schools International Commission on Healthcare Professions. Nurses who are not US citizens are now required to obtain a special health care worker visa certification to practice in the United States. The new regulations, which were issued by the US Department of Homeland Security, are intended to ensure that foreign health care workers meet the professional training and standards necessary to provide patient care in US hospitals and health care facilities.

The new rules apply to foreign nurses who are seeking temporary or permanent occupational visas. Previous rules drafted by the Immigration and Naturalization Service applied only to permanent occupational visas. The new rules also apply to nurses from Mexico and Canada, who previously were exempt under the terms of the North American Free Trade Agreement. In addition to nurses, the new rules apply to physical therapists, occupational therapists, speech-language pathologists, audiologists, medical technicians, medical laboratory technologists, and physician assistants.

The new rules require that health care workers present this visa certification when entering the US to work or applying for an extension of stay or on change of immigration status or employment. Although these rules went into effect on Sept 23, 2003, they include a transition period to minimize disruption of the current US health care employment market, which defers their application until July 25, 2004.

New Homeland Security Rules Mandate Screening of Foreign Workers Seeking Employment as Nurses in the US (news release, Philadelphia: Commission on Graduates of Foreign Nursing Schools International Commission on Healthcare Professions, March 8, 2004).