Under the terms of the final rule, on or after September 23, 2003, certain non-immigrant foreign health care workers, other than physicians, who are coming to work in the United States, will be required to present a certificate granted by an approved independent credentialing organization before they will be allowed to enter the United States. This ensures that all foreign nurses, physical therapists, occupational therapists, speech-language pathologists and audiologists, medical technologists, medical technicians and physician assistants seeking to work in our nation’s health care system have met certain statutory standards.

The certification requirement was mandated by section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Although the final rule takes effect 60 days from today, the DHS will continue to exercise its discretion under the Act to allow affected non-immigrant health care workers sufficient time to obtain the requisite certification. For one year after publication of the final rule, the DHS will admit and approve applications for change of status and/or extension of stay for non-immigrant health care workers. The admission, extension of stay, or change of status may not be for a period longer than one year, and the non-immigrant foreign health care workers must obtain their certification within that time.

“This certification requirement will help to ensure that implementation of the final rule does not disrupt the nation’s health care system,” remarked Eduardo Aguirre, Director of the Bureau of Citizenship and Immigration Services. “At the same time, it will afford the affected health care workers sufficient time to meet all testing requirements and obtain the required certification,” he added.

The specifics of the new requirement are outlined in a rule published in today’s Federal Register. The rule states that the current certification requirements for immigrant health care workers will remain in place and that certain non-immigrant health care workers will be subject to certification requirements as well. The classifications most likely affected are the H, J, O, and TN visa classifications. The rule also details how organizations may apply for authorization to issue health care worker certification, and explains the type of information that must be included on each health care worker certification issued by an authorized organization.

Source: Certificates for Certain Health Care Workers, Federal Register Vol. 68, No. 143 Friday, July 23, 2003

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H-1C Nursing Bill Re-Introduced in House of Representatives

Congresswoman Sheila Jackson-Lee (D-TX), the ranking minority member on the House Immigration Subcommittee, has introduced legislation to bring back a non-immigrant visa category for nurses. (Source: Unknown, Author: Unknown, 2003)

H.R. 87, the Rural and Urban Health Care Act of 2003, closely mirrors legislation introduced in the Senate in 2001.

For the second year in a row, Rep. Sheila Jackson Lee of Texas has introduced in Congress a bill to expand one of the temporary visas available to foreign nurses coming to the United States.

The American Nursing Association has already told reporters that it intends to oppose the legislation as it has in recent years.

HR 87, the Rural and Urban Health Care Act of 2003, makes changes to section 212(m) of the Immigration and Nationality Act regarding H-1C nurses. The H-1C program is designed to permit nurses to come to the U.S. as non-immigrant or temporary workers. The H-1C program, as it exists today, provides only very minor relief from the current nursing shortage in the U.S. Instead, employers generally rely on filing green card applications for nurses or, in limited circumstances, H-1B visas. Both have significant drawbacks. Green card applications can take one to two years to procure. H-1B visas are only available to highly specialized nurses or those in high level supervisory or administrative roles.

HR 87 would dramatically alter the H-1C visa program and could dramatically speed up and ease the entry of a large number of nurses to the US. The new H-1C visa would actually resemble the old H-1A visa for nurses more than the current H-1C visa. Below is a comparison of the existing law for H-1C workers and the new HR 87.

Perhaps the most significant difference in the two programs is the number of H-1C visas that are available under the existing program and the proposed one. The existing law limits the number of visas available each year to 500 with additional per state limits that allow only 25 visas per year for states with a population of fewer than 9 million people and 50 visas per year for states with a population of 9 million or more people. These very low limits have made the H-1C functionally irrelevant as a means of relief from the current nursing shortage. HR 87, on the other hand, provides substantial relief, permitting a total of 195,000 visas in each fiscal year with no per state limits.

In addition to increasing the overall number of H-1C visas, HR 87 permanently extends the life of the H-1C program. The existing H-1C statute was passed in 1999 and was given a life of 4 years before its sunset in 2004. HR 87, on the other hand, has no provision that limits the life of the H-1C program.

The proposed legislation removes the component from the employer attestation that requires the employer facility be a hospital in a Health Professional Shortage Area (HPSA) as determined by the department of Health and Human Services. HPSA areas are generally limited to medically underserved rural and urban areas. The proposed law also removes the current law's requirement that a hospital have more than 190 beds. Only a small number of hospitals around the US actually qualify to sponsor H-1C visas. In contrast, the new H-1C program would be available to most employers around the country.

In addition to removing the HPSA and minimum bed requirement, HR 87 provides further relief by broadening the definition of a qualifying facility from simply “hospital” to, “a hospital, nursing home, skilled nursing facility, registry, clinic, assisted-living center, and employer who employs nurses in a home setting.”

The attestation requirements of each program are very similar. Each requires an employer to state that the hiring of the H-1C worker does not adversely affect the wages and working conditions of registered nurses similarly employed. However, HR 87 specifically restricts the adverse affect requirement to those registered nurses, “at the facility.” The current H-1C rules require that employers attest that they will not adversely affect the working conditions of employees at other facilities in the same geographic area.

H.R. 87 does not include the current program's requirement that employers employ greater than 33% of the number of registered nurses employed at the facility. This change, along with the proposed increase to 195,000 visas available each year, would provide much needed relief for woefully understaffed facilities.

Other proposed changes include new limits on a state licensing authority's ability to tighten restrictions for those applying to sit for the NCLEX examination. HR 87 limits the number of times that the individual may sit for the exam to two times, but also states that the failure of the alien to obtain a social security number will not disqualify that individual from sitting for the exam.

While HR 87 makes some significant changes to the H-1C program, there are a number of similarities in the existing H-1C statute and HR 87. Both the existing law and HR 87 require that the employer pay the H-1C worker at the same wage rate as similarly employed workers in the facility. And both statutes restrict an employer’s ability to transfer an H-1C worker to another location. Both programs also prohibit employers from penalizing an employee for departing prior to an agreed date.
 

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The CGFNS News

May 16 , 2003 -- CGFNS publishes the CGFNS Official Study Guide Fifth Edition

Philadelphia, PA — May 16, 2003 — The Commission on Graduates of Foreign Nursing Schools (CGFNS) is proud to announce the release of the publication the CGFNS Official Study Guide Fifth Edition. The new, fifth edition of our popular study guide boasts a wealth of information, practice tests and resources.

The guide features four practice tests with more than 1,000 test questions and rationales, as well as a CD with special bonus material of three additional practice tests. It also contains the most up-to-date facts on the design, administration and scoring of the CGFNS Qualifying Exam, as well as advice, information and resources. Readers will find clear, practical advice for taking multiple-choice tests like the CGFNS Qualifying Exam and the NCLEX-RN¨ examination, as well as a practice English exam with answers and rationales.

In addition to the CGFNS Official Study Guide Fifth Edition, CGFNS offers other study aides and resource guides, including How to Study: Preparing for the CGFNS Qualifying Exam and the NCLEX-RN¨ examination, and How to Take Tests: Strategies for the CGFNS Qualifying Exam and the NCLEX-RN¨ examination, as well as our very popular Practice English Series Audio Tapes and Books. Also available are Regional Directories, containing the most up-to-date resource information on U.S. hospitals, nursing licensure agencies and INS offices. All CGFNS products and services can be purchased on-line through the CGFNS web application system at www.cgfns.org.

For more information about the CGFNS Official Study Guide Fifth Edition or any of CGFNS' other products, or to request a StoreFront order form, please contact the CGFNS Customer Service Department at (215) 349-8767.

CGFNS is an immigration-neutral, nonprofit organization based in Philadelphia, PA, USA, and is an internationally recognized authority on education, registration and licensure of nurses worldwide. The organization was founded in 1977 through a collaborative effort by representatives from the U.S. Department of Labor; Department of Health, Education and Welfare (now the Department of Health and Human Services); the Immigration and Naturalization Service; and representation from nursing organizations, including the American Nurses Association and the National League for Nursing.

For additional information about CGFNS and its services, contact: Commission on Graduates of Foreign Nursing Schools, 3600 Market Street, Suite 400, Philadelphia, PA 19104-2651 USA; telephone: (215) 349-8767; fax: (215) 349-0026; or e-mail: support@cgfns.org, or log onto the CGFNS website at www.cgfns.org.

May 2, 2003 - CGFNS begins posting roster lists for Qualifying Exam online
 

Philadelphia, PA — May 2, 2003 — The Commission on Graduates of Foreign Nursing Schools (CGFNS) is now posting the roster lists for the Qualifying Exam on the CGFNS web site, www.cgfns.org. A few weeks before an exam, applicants will be able to log onto the CGFNS web site and look up whether they are rostered for that particular exam.

Roster lists will be divided by test center (location), and then applicants can look up their CGFNS ID Number on the roster list of the center they chose on their application. Applicants indicate first and second choice of exam location on their Certification Program applications, so if they do not find their CGFNS ID Number listed on the roster list of their first choice of location, they should check the roster list of their second choice.

The roster list includes the address of the exam center and the time that registration for the exam begins. Applicants should remember to bring their admission permit and at least one form of official, government-issued photo identification (such as a passport).