Last July, the Department of Homeland Security (DHS) issued an interim final rule extending the deadline by which certain health care workers from Canada and Mexico must obtain certification that they meet applicable education, training, licensure and competency requirements. 69 Fed. Reg. 43,729 (July 22, 2004). The rule became effective on July 24, 2004, and comments were accepted through September 20, 2004.

Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 requires certain foreign health care workers to have their credentials evaluated and certified before they can be admitted to the U.S., change their current status, or receive authorization to work. Based on the rule, certain aliens seeking to enter the U.S. as health care workers may not be admitted without a certificate from the Commission on Graduates of Foreign Nursing Schools or another authorized credentialing organization. The regulation applies to foreign health care workers such as nurses, registered nurses, physical therapists, occupational therapists, medical technologists, speech pathologists, audiologists, and physician assistants.

On July 25, 2003, DHS issued a regulation stating that it would implement the certification requirement for all nonimmigrant alien (i.e., temporary) health care workers on July 26, 2004. However, due to fears that delays in obtaining the certificates could result in a health care staffing crisis, DHS extended the transition period for certain Canadian and Mexican workers who would have been impacted by the requirement. Therefore, the July 2004 interim final rule exempts Canadian and Mexican TN (i.e., NAFTA professional) health care workers who were employed as TN nonimmigrant health care workers and were validly licensed by their respective state before September 23, 2003.

It is important to note, however, that the July 26, 2004, deadline applies to other aliens subject to the health care worker certification requirement. Therefore, if your organization employs foreign health care workers (other than physicians) you should inquire whether each worker has obtained the applicable certificate to prevent any interruptions in your workplace and to ensure that they are able to travel abroad as needed.