Law Offices of Carl Shusterman - US Immigration Law Offices of Carl Shusterman - US Immigration

PLIGHT OF FOREIGN
HEALTH CARE WORKERS


Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550, Los Angeles, CA 90017
(213) 623-4592 x0
Representing Clients in All 50 States
30 Years of Immigration Law Experience
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To: carl@shusterman.com
Subject: Plight of health care workers

Dear Mr. Shusterman,

I have framed a letter highlighting some of the problems being created for foreign health care workers by section 343 of IIAIRA. I would greatly appreciate it if you could have this letter sent out to people who might be associated with the implementation of this policy in the INS to make them more aware of the impact their procrastination is having on the lives of foreign health care professionals. Also, if you can suggest other groups I might contact to raise more awareness of this issue I would be grateful.

Thanking you in advance,

(Name Withheld)
Baylor College of Medicine
Houston, TX 77030

INS TOYING WITH LIVES AND CAREERS
OF FOREIGN HEALTH-CARE PROFESSIONALS

I am writing this letter to bring to public notice the distress being caused to OTs and other health care workers by the recent policy of the Immigration and Naturalization Service (INS) regarding certification of foreign health care professionals. In September 1996, INS created a new exclusion ground for foreign health care professionals (including OTs) seeking to obtain an occupational visa or permanent residency (green card) in the United States by implementing section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). This act bars foreign health care professionals from obtaining an occupational visa or green card unless they have a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or an equivalent credentialing organization approved by the Attorney General verifying their training, licensing, experience, and English competency. This is a wonderful idea except that Natioanl Board for Certification of occupational therapists (NBCOT) verifies the training of foreign OTs prior to issuing them a license to work in the United States. The new act would require these licensed therapists to obtain a certificate from CGFNS which is the only organization selected by the INS thus far for this purpose. I think it is absurd to have a nursing body issue certificates to OTs who have previously been certified and licensed by NBCOT.

What makes the matter worse is that INS has not implemented this act even nineteen months after its enactment. In the meantime, they have suspended processing the green card and occupational visa applications of all health care workers. The suspension of applications for green card by the INS has meant that foreign health care professionals in this situation are forced to work with the institution that originally sponsored them for the green card, and have no freedom to change their place of work without risking termination of the application process. This undoubtedly has caused tremendous distress to foreign health care workers who may want to relocate as a consequence of their spouse moving to a different region, or just to enhance their career. The indeterminate time frame set by the INS to implement this policy and the futility of the policy itself in light of the fact that most, if not all, health care professionals are already appropriately certified, adds to the frustration of being pinned to a job and not having the basic freedom to relocate if circumstances warrant it. Besides, in today's volatile job environment where lay offs are quite common, the procrastination by the INS in implementing this policy creates a tremendous strain on foreign health care workers who have to maintain their employment in the face of unforeseen circumstances. The forced wait in a particular job also places foreign professionals in a vulnerable position vis-a-vis their employers.

I am, therefore, writing this letter to highlight the inconvenience caused to me and numerous others by section 343 of IIRAIRA and would request the officials at INS dealing with this issue to bring it to a resolution soon so that foreign health care professionals can move on with their lives and not be held hostage by the procrastination of the INS.

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