Final and costly

IT is now final. And it will hurt -- especially in the pockets of those seeking US working visas.

The Department of Homeland Security (DHS) issued on July 17, 2003, the final rule requiring applicants seeking working visas to first have a certification about the US equivalency of their education, experience, training and license.

Prior to the final rule only nurses seeking permanent employment -- as immigrants under the EB3 category -- need the certification -- issued by a BCIS-authorized organization. The good news is, the BCIS will allow affected healthcare workers one year to comply from the date the final rule takes effect, which is Sept. 23, 2003.

The newly confirmed and first Director of the Bureau of Citizenship and Immigration Services, Eduardo Aguirre says the certification will help to ensure that implementation of the final rule does not disrupt America's health care system while giving healthcare workers sufficient time to meet all testing requirements and obtain the required certification.

Healthcare occupations affected are registered nurses, practical nurses, licensed vocational nurses; occupational therapists; physical therapists, speech language pathologists and audiologists, medical technologists (clinical laboratory scientists) and physician assistants.

Exempted from this certification are physicians, aliens seeking to perform services in non-clinical healthcare occupations such as medical teachers, medical researchers, and managers of healthcare facilities those coming to receive training (H-3) or receiving training as part of academic or exchange student program (F and J); adjustment of status applicants (family-based petitions); EB-3 -- not healthcare-related.

Authorized organizations

Based on their track record and experience in specific healthcare occupations, the following organizations were authorized by the DHS:

o Commission for Graduates of Foreign Nursing Schools (CGFNS) for all healthcare occupations mentioned in the final rule

o Foreign Credentialing Commission on Physical Therapy (FCCPT) for physical therapists

o National Board for Certification in Occupational Therapy (NBCOT) for occupational therapists

English requirements

The rule also requires working visa applicants to pass the written and spoken English tests -- except for some nurses certified by CGFNS.

The following organizations have been approved to conduct the tests for specific occupations:

o IELTS (International English Language Testing System)

o Test of English in International Communication (TOEIC)

o Educational Testing Services (ETS).

English requirements for H-2Bs

While the certification does not cover foreign professionals coming to work temporarily in a non-clinical health care occupation, the final rule requires temporary workers to pass the English tests before an H-2B working visa is issued.

An H-1B visa is issued for occupations requiring bachelor's degree. For jobs that do not need baccalaureate degree the appropriate visa is the H-2B.

The English tests themselves will cost a working applicant close to 500 dollars, which covers the test fees (verbal and written English) mailing, and related costs. If the tests have to be taken again, another 500 dollars will be necessary.

As for the certification, the CGFNS charges 325 dollars for the certification.

What is being certified

The authorized organization certifies and verifies that the foreign workers' education, training, license and experience are comparable with that required for an American healthcare worker of the same type; authentic, and in the case of a license, unencumbered; meet all applicable statutory and regulatory requirements for admission into the United States; and that the alien has passed a test predicting success on the occupation.

Despite the final rule, it is expected that Filipinos will still go for the working visas -- if available -- because the pay in the US is much higher than in the Middle East, Canada or Asia. As a strategy, quite a few nurses take the jobs in these countries because of faster processing and less tests required, then take the tests after they have been employed for some time.

Bloody. So who says the color of money isn't red?

You can reach Cris Aranda, executive director of the Immigrant Visa Center, at usvisacenter@yahoo.com. Or call him in the Philippines at +632 634-8717, +632 683-0615 and +632 683-0617 or in San Francisco, California at +415 834-1052.