INS LETTER
CLARIFYING NEW LAW
ON HEALTH CARE WORKERS

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Dear Mr. Shusterman,

This refers to your letter of March 20 in which you seek clarification on four issues relating to section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).

As you know, section 343 of IIRAIRA is a ground of inadmissability which requires certain health care workers to obtain certification from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or another entity approved by the Attorney General in conjunction with the Department of Health and Human Services. The provision became effective on the implementation date of IIRAIRA.

In response to your first question, the INS published a memorandum on January 28, 1997 which provided guidance on a number of issues involving section 343. The memorandum provided that nonimmigrants coming to the United States as health care workers should be granted a waiver of section 343 and are to be admitted to the United States for a period of six months. The memorandum did not distinguish between foreign health care workers who obtained their education in the United States or abroad since the statute did not make a distinction. At present, it is the opinion of the INS that the ground of inadmissability discussed in section 343 applies to all foreign health care workers regardless of where they obtained their education or training.

In response to your second question, the statute specifically states that physicians are not included in the purview of section 343 of IIRAIRA. At present, it is the opinion of the INS that all other health care occupations, other than physicians, are included in section 343 and should be held in abeyance until such time as a permanent certification procedure is developed.

Turning to your third question, the January 28 memorandum relates to all applications for adjustment of status pending with INS on the date of the memorandum regardless of when the cases were filed.

In response to your fourth and final question, an interagency task force consisting of the federal agencies effected by the legislation has been formed in order to establish the procedures for the issuance of certifications pursuant to section 343. Due to the complexity of the issues involving the development of the certification process, I cannot provide you with an expected completion date.

Finally, it is my understanding that a number of individuals and organizations have been in contact with members of Congress for the purpose of requesting a delay in the implementation date of section 343. As the regulatory agency responsible for the implementation of section 343, the INS would not object to a delay in the implementation date.

I trust this response satisfactorily addresses your concerns,

Sincerely,

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