Latest Advisory on RNs and Student Visas
June 09, 2006
Applicants are required to respond within 30 days to the NOID, otherwise, the application will be denied. The Visa Screen certificate is required under the law to establish that the foreign health worker is eligible to enter the United States as an
immigrant at the time of the adjustment of status application is filed.
Previously the Visa Screen Certificate was not required until the adjudication of the I-485 application.
The “Visa Screen” or Visa Credentials Assessment is a program offered by the International Commission on Healthcare Professions (ICHP) – a division of the Commission on Graduates of Foreign Nursing Schools (CGFNS) which consists of an education analysis, credential validation and English language proficiency evaluation.
Under USCIS rules, foreign healthcare professionals such as nurses, physical therapists, occupational therapists, physician assistants, medical technologists, speech language pathologists, or audiologists seeking temporary (for example H-1B) or permanent visas are required to first obtain a Visa Screen certificate to obtain a visa.
Meanwhile, the State Department has recently issued guidelines for the processing of student visas.
Focus on Qualification and Intent
Foreign students are advised to apply for their student visas as early as possible. The student visa may be issued 120 days before the program of study will begin. But in cases where students expect certain delays, they may submit their application before the 120-day period, but the earliest time that the US consular post may issue the actual student visa is 120 days before the academic program starts. The State Department has declared it a priority to ensure that the students obtain their visas in a timely manner in order to make the start date of the academic program.
The consular posts are instructed to focus on several issues when adjudicating student visa applications, but notable matters to be examined are: first, the academic qualification of the applicant, and second, the financial ability to cover the costs of education in the US.
Although the student should be able to state their reasons for choosing a particular academic program and educational institution, the consular posts generally do not examine the school’s judgment on the student’s qualification to enroll.
Neither should the consular officer deny a visa based only on the student’s choice of school. But the student should also be able to explain why s/he chose a particular school and must further show that s/he would be able to maintain status as a student in such school.
Since foreign students usually extend their stay in the US, consular officers are reminded to inquire about the applicant’s short-term plans in examining his/her intent to leave the US at the end of the academic program.