ADDITIONAL AUTHORIZATION
TO ISSUE IMMIGRANT VISAS
TO CERTAIN HEALTH CARE WORKERS

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R 082302Z JUN 99
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM


UNCLAS STATE 106347




E.O. 12958: N/A
TAGS: CVIS
SUBJECT: PL 104-208 UPDATE: ADDITIONAL AUTHORIZATION TO
ISSUE IMMIGRANT VISAS TO CERTAIN HEALTH CARE WORKERS

REF: (A)98 STATE 227457, (B)99 STATE 12482
1. SECTION 343 OF IIRIRA REQUIRES THAT ALIENS COMING TO
THE UNITED STATES TO PROVIDE SERVICES AS HEALTH CARE
WORKERS (SUCH AS NURSES, OCCUPATIONAL THERAPISTS, PHYSICAL
THERAPISTS, SPEECH/LANGUAGE PATHOLOGISTS) MUST FIRST
OBTAIN A CERTIFICATE FROM THE COMMISSION ON GRADUATES OF
FOREIGN NURSING SCHOOLS (CGFNS) OR AN EQUIVALENT
INDEPENDENT ORGANIZATION APPROVED BY THE ATTORNEY GENERAL
IN CONSULTATION WITH THE SECRETARY OF HEALTH AND HUMAN
SERVICES. REF A REPORTED ON A FIRST INS INTERIM RULE,
WHICH IMPLEMENTED PORTIONS OF SECTION 343 (INA SECTION 212
(SMALL A) (5)) TO PERMIT THE ISSUANCE OF IMMIGRANT VISAS
ONLY TO CERTAIN NURSES AND OCCUPATIONAL THERAPISTS.


2. ON APRIL 30, 1999 INS PUBLISHED A SECOND INTERIM RULE,
WHICH ADDS PHYSICAL THERAPISTS TO THE LIST OF COVERED
OCCUPATIONS AND EXPANDS CGFNS AUTHORITY TO ISSUE
CERTIFICATES TO OCCUPATIONAL AND PHYSICAL THERAPISTS, IN
ADDITION TO THEIR EXISTING AUTHORITY TO GRANT NURSING
CERTIFICATES AS REPORTED REF A. THE RULE ALSO RECOGNIZES
THE FOREIGN CREDENTIALING COMMISSION ON PHYSICAL THERAPY
(FCCPT) AS AN ORGANIZATION AUTHORIZED TO ISSUE
CERTIFICATES TO PHYSICAL THERAPISTS. ONCE THE DEPARTMENT
HAS OBTAINED A FCCPT CERTIFICATE SPECIMEN, IT WILL BE
PROVIDED TO THE FIELD, AS REF B PROVIDED INFORMATION ON
THE CGFNS AND NATIONAL BOARD FOR CERTIFICATION AS AN
OCCUPATIONAL THERAPIST (NBCOT) CERTIFICATES.

3. THE RULE WILL BECOME EFFECTIVE ON JUNE 30, 1999, AT
WHICH POINT POSTS ARE AUTHORIZED TO ISSUE IMMIGRANT VISAS
TO PROPERLY DOCUMENTED PHYSICAL THERAPISTS, IN ADDITION TO
NURSES AND OCCUPATIONAL THERAPISTS. AS WITH THE FIRST
INTERIM RULE, THIS SECOND INTERIM RULE APPLIES SOLELY TO
IMMIGRANTS AND INS WILL CONTINUE TO EXERCISE ITS AUTHORITY
TO GRANT 212(D)(3) WAIVERS TO NONIMMIGRANTS UNTIL A FINAL
RULE IS IN PLACE. HEALTH CARE WORKERS IN OCCUPATIONS
OTHER THAN THOSE COVERED BY THE TWO EXISTING INTERIM RULES
REMAIN UNAPPROVABLE IN THE ABSENCE OF APPROVED
CREDENTIALING GUIDELINES FOR THEIR FIELD.

4. AS REPORTED REF A, CGFNS, NCBOT AND NOW FCCPT
CERTIFICATES SHOULD BE TAKEN AS EVIDENCE THAT THE
APPLICANT SATISFIES ALL THE REQUIREMENTS OF SECTION 343,
INCLUDING A PASSING SCORE ON THE APPROPRIATE ENGLISH
LANGUAGE EXAMINATION. IF, HOWEVER, THE PERSONAL INTERVIEW
REVEALS AN OBVIOUS LACK OF ENGLISH LANGUAGE PROFICIENCY OR
APPROPRIATE KNOWLEDGE OF THE CERTIFIED HEALTHCARE FIELD,
POST SHOULD SUBMIT THE CASE TO CA/VO/L/A FOR AN ADVISORY
OPINION. AN APPROVED CERTIFICATE DOES NOT/NOT, OF COURSE,
EXCUSE AN APPLICANT FROM ALL OF THE OTHER RELEVANT
STATUTORY AND REGULATORY REQUIREMENTS FOR VISA ISSUANCE.
TALBOTT

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