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DOJ/INS

RIN: 1115-AE73

Publication ID: Spring 2001

Title: Certification of Certain Health Care Workers
Abstract: On September 30, 1996, the President signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Section 343 prohibits the entry of any alien who seeks to enter the U.S. for the purpose of performing labor as a health care worker (other than a physician) without a certificate as to the alien's qualifications and English ability from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or an equivalent independent organization approved by the Attorney General. The Service published an interim rule (INS 1879-97) to address shortages in the occupations of nursing and occupational therapy on October 14, 1998. In addition, the Service issued a second interim rule on April 30, 1999, to grant CGFNS authorization to issue certificates to foreign health care workers in the occupations of occupational therapy and physical therapy. This rule also granted the Foreign Credentialing Commission on Physical Therapy the authority to issue certificates to foreign-trained physical therapists. The second interim rule (INS 1979-99) was published under RIN 1115-AF43 and now is consolidated with this Unified Agenda of Federal Regulations entry. A third interim rule (INS 2082-00) was published on January 16, 2001, to address certification requirements for Speech Language Pathologist, Audiologist, Medical Technologist, and Physican Assistants. Litigation over the implementation of this rule has led to a decision to publish interim rules granting temporary authority to issue certificates. The Service will be publishing a proposed rule (INS 1824) to fully implement section 343, including requirements relating to the designation of covered health care occupations, the procedures and requirements for certifying organizations, the content of the certificates, and the process for presentation of the certificates. INS No. 2089-00 adds five additional occupation categories for foreign health care workers.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 204    8 CFR 212    8 CFR 214.2    8 CFR 245    8 CFR 248
Legal Authority: 8 USC 1182(a)(5)    PL 104-208

Legal Deadline: Action Source Description Date Other  Statutory  Abraham v. Reno (D.D.C.).  01/19/2001

Timetable: Action Date FR Cite Interim Final Rule-INS 1879  10/14/1998  63 FR 55007    Interim Final Rule Effective-INS 1879  12/14/1998     Interim Final Rule Comment Period End-INS 1879  02/11/1999     Interim Final Rule-INS 1979-99  04/30/1999  64 FR 23174    Interim Final Rule Comment Period End-INS 1979-99  06/29/1999     Interim Final Rule Effective-INS 1979-99  06/29/1999     Interim Final Rule-INS 2089-00  01/16/2001  66 FR 3440    Interim Final Rule Comment Period End  03/19/2001     Interim Final Rule Effective-INS 2089-00  03/19/2001     NPRM-INS 1824-98  10/00/2001

Additional Information: INS No. 2089-000 adds five additional occupation categories for foreign health care workers: Speech-Language Pathologists and Audiologists, Medical Technologists and Technicians, and Physician Assistants
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: John Brown Adjudications Officer, Adjudciations Division Department of Justice Immigration and Naturalization Service Room 3214, 425 I Street NW, Washington, DC 20536 Phone:202 514-5014