View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DHS/USCIS RIN: 1615-AC16 Publication ID: Fall 2022 
Title: Updated English Language Proficiency Requirements for Certain Foreign Health Workers 

The Department of Homeland Security (DHS) is amending its regulations at 8 CFR 212.15 governing certificates for foreign healthcare workers to update the English language requirements applicable to certain foreign nationals seeking admission to the United States for the purposes of performing labor as healthcare workers in one of seven covered non-physician healthcare professions. The Secretary of Health and Human Services, in consultation with the Secretary of Education, is tasked with setting standards for the English language requirements for foreign healthcare workers under the authority of section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. 1182(a)(5)(C) and 1182(r), and 8 CFR 212.15(g), including identifying appropriate standardized tests and minimum scores. Updated DHS regulations for English language competency are important for ensuring transparency so that those seeking to enter the United States as healthcare workers are competent to communicate with an interdisciplinary team of providers and the patients and families they serve. Consistent with the statute and governing regulations, the Department of Health and Human Services (HHS) has notified DHS of additions and deletions to the approved list of testing agencies, tests, and minimum scores. Therefore, this rule updates DHS regulations to reflect updated English language proficiency requirements set by HHS.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 212.15   
Legal Authority: Pub. L. 104-208, sec. 343    8 U.S.C. 1182(a)(5)(C)    8 U.S.C. 1182(r)   
Legal Deadline:  None
Action Date FR Cite
Final Action  03/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Charles Nimick
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000