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