Washington,
D.C.-
U.S.
Citizenship and Immigration Services (USCIS) announced
today that certain foreign health care workers from
Canada
and Mexico will
remain exempt, for a period of one year, from the foreign
health care worker certification requirement. The
announcement will publish later this week in the Federal Register.
This exemption applies only to Canadian and
Mexican TN (NAFTA professional) health care workers who
were employed as TN nonimmigrant health care workers
before September 23, 2003 and held a valid license from a
U.S.
jurisdiction before September 23, 2003.
On July 23,
2003, USCIS announced that, after July 26, 2004, foreign
health care workers, other than physicians, who are
subject to the foreign health care worker certification
requirement, are inadmissible, and ineligible for an
extension of status or change of status if already in the
United States, unless they present a certificate granted
by an approved credentialing organization.
That
one-year transition period was sufficient for the vast
majority of foreign health care workers. In the case of
Canadian and Mexican TN health care workers, however,
USCIS has determined that an extended transition period is
needed. Many
Canadian and Mexican citizens working in the border
regions regularly travel across their respective
borders.
Because the process of obtaining certification is
not an immediate one, USCIS has extended the transition
period for Canadian and Mexican TN health care workers
only for an additional year. This will ensure
that there is no disruption to the regional health care
systems along the Canadian and Mexican
borders.
Congress
mandated the certification requirement in the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.