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Do I Always Need a Healthcare VisaScreen Certificate?

August 25th, 2017

 

Do I Always Need a Healthcare VisaScreen Certificate?

The Immigration and Nationality Act (INA) at §212(a)(5)(C) requires certain foreign nationals seeking admission to the United States to perform labor as health care workers, other than physicians, to present certification from a USCIS-approved credentialing organization verifying that the workers have met the minimum requirements for training, licensure, and English proficiency in their field. The healthcare Visa Screen requirement applies even to foreign healthcare workers who complete  their healthcare-related education at a U.S. institution. However, the U.S. trained healthcare professionals are exempt from the English proficiency exam test.

 

You Do Require a Healthcare Visa Screen Certificate If:

I.                You are a foreign national whose primary purpose is to work in the U.S. in the following clinical healthcare occupations:

1. Nurses (Registered Nurses, Licensed Practical Nurses, and Licensed Vocational Nurses);

2. Physical Therapists;

3. Occupational Therapists;

4. Speech Language Pathologists and Audiologists;

5. Medical Technologists (Clinical Laboratory Scientists);

6. Medical Technicians (Clinical Laboratory Technicians); and

7. Physician Assistants

II.              You are one of the healthcare professionals listed above and a PRINCIPAL of any immigrant visa. 

III.             You are one of the healthcare professionals listed above, coming to the U.S. as a PRINCIPAL on any nonimmigrant visa BUT NOT to receive training as an H-3 nonimmigrant, F-1 foreign student or J-1 exchange visitor. For instance, if you seek entry to the United States as a healthcare professional on any visas such as H-1B, E-3, TN, etc., you do require a healthcare Visa Screen Certificate.

You Do Not Require a Healthcare Visa Screen Certificate If:

I.            You are a Physician

II.            You seek admission to the United States to perform services in non-clinical health care occupation. A non-clinical care occupation is one in which the alien is NOT required to perform direct or indirect patient care. Some of the occupations that are considered non-clinical care occupations are Medical Teachers, Medical Researchers, Manager of Healthcare Facilities.

III.            You are coming to the U.S. to receive training as an H-3 nonimmigrant, F-1 foreign student or J-1 exchange visitor.

IV.          You are the spouse and dependent children of any immigrant or nonimmigrant alien. For instance, if you are a Registered Nurse and seek entry to the United States as a spouse of a L or E visa holder, you do not need a healthcare Visa Screen Certificate. Similarly, if you are, for example, an Occupational Therapist and seek entry to the United States as a dependent of a Principal immigrant visa, you do not require a healthcare Visa Screen Certificate to enter and work in the United States. However, if you are a Physical Therapist and seek entry as a spouse or dependent children of any immigrant or nonimmigrant, you MAY still require a FCCPT Type I for licensure purposes if you wish to work in one of the following states: California, Louisiana, Massachusetts, Minnesota, Nebraska, New Mexico, North Dakota, Tennessee, Utah, Washington D.C.

V.        You are any alien applying for adjustment of status to that of a permanent resident under any provision of law other than INA §245, any family-based adjustment of status applicant, or any employment based adjustment of status applicant for employment that does not fall under one of the covered healthcare occupations.

To find out more about healthcare immigration law and our immigration services, contact Apostol Law Firm. Contact us at 407-258-3344 or by email at flory@apostolvisa.com.

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Apostol Law Firm LLC has provided this website and its contents as a public service for information purposes only, and it is not intended to represent legal advice or counsel. Nothing on this website, associated pages, documents, comments, answers, e-mails, articles or other communications should be taken as legal advice for any individual case or situation. The responses and information are intended to be general and should not be relied upon for any specific situation. For legal advice, consult an experienced immigration attorney. Your use of this site and its contents does not construct a client-lawyer relationship with the attorney at the Apostol Law Firm.  Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits. Our firm limits its practice strictly to immigration law, a Federal practice area.

 

 

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