Citizenship and Immigration Services: Memorandum for Service Center Directors, CIS Regional Directors, CIS Office of International Affairs, CIS Bureau of Customs and Border Protection: Final Regulation on Certification of Foreign Health Care Workers: Adjudicator's Field Manual Update AD 03-31 [open pdf - 181KB]
On July 25, 2003, the Department of Homeland Security (DHS) published a final regulation implementing section 212(a)(5)(C) of the Immigration and Nationality Act (Act) and section 212(r) of the Act. The rule establishes that certain nonimmigrant health care workers are required to obtain certification in accordance with section 212(a)(5)(C) of the Act under a phased-in process. Nurses may be able to demonstrate that they meet the alternate certification requirements of section 212(r) of the Act. The rule also describes the English language testing requirements that the workers must meet in order to obtain certification in their respective occupations, and lists the acceptable testing organizations (these provisions are also listed in the March 26, 2003, memorandum titled Guidance for Acceptance of English Language Testing Scores on Health Care Worker Certification). The rule describes the process under which an organization may apply for authorization to issue health care worker certification, what the organization must do to retain its authorization, and the procedure by which the authorization may be reviewed and/or terminated.