Final Rule Issued for Certification of Foreign-Educated Health Care Workers

Alabama Nurse,  Sep-Nov 2003  

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On July 25, the Bureau of Citizenship and Immigration Services (BCIS - formerly known as the Immigration and Naturalization Service (INS)) issued the final rule for Certificates for Certain Health Care Workers. This final rule applies to foreign educated nurses, along with six other health care worker categories. The original legislative language was part of section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. To date, this provision has only applied to those foreign educated nurses entering the U .S. on a permanent employment-based visa. When fully implemented, this rule will apply to all foreign-educated nurses entering the U.S. on a temporary or permanent visa and will also apply to those nurses entering the U.S. under trade agreements, including the North American Free Trade Agreement (NAFTA). While the final rule is effective on September 23, 2003, the BCIS has provided for a one year delay before full implementation on July 26, 2004.

This pre-screening certification process includes verification that the foreign health care worker's education, training, license, and experience is comparable with that required for an American health care worker of the same type; is authentic; and in the case of a license, unencumbered. The pre screening certification also verifies that the foreign health care worker has demonstrated a level of competence in oral and written English; and that in the case of foreign-educated nurses, passed the predictor exam, unless otherwise exempt (see alternative certification procedure).

The final rule is available at:

http://www.immigration.gov/graphicsAawsregs/fr72503.pdf

Contact: Cheryl Peterson, ext. 7089, or cpeterson@ana.org

Copyright Alabama State Nurses' Association Sep-Nov 2003
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