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On September 22, 2003, a memo was published by the U.S. Citizenship and Immigration Services (USCIS) to accompany the implementation of the final regulation on the certification of foreign health care workers (Visa Screen certification) which took effect on September 23, 2003. The memorandum more clearly defines certain terms of the Visa Screen requirement than did the actual rule which was published in the Federal Register on July 25, 2003.
Consistent between the final regulation and the memorandum is, naturally, the fact that non-immigrant workers seeking employment in any of the designated professions will soon become subject to the requirement of obtaining Visa Screen certification in order to obtain visas to enter the U.S. (and admission based on such a visa), to obtain extensions of stay in temporary worker status within the U.S., and to obtain a change of status within the U.S. What is clarified in the memorandum is exactly how long the additional 'one-year waiver' of the requirement will continue for these workers.
The September 22, 2003 memorandum clarifies that the one-year waiver period actually began upon publication of the rule in the Federal Register rather than upon the effective date of the rule. The memorandum states that the Adjudicator's Field Memorandum is revised to read as follows:
"Prior to July 26, 2004, the DHS will admit and approve applications for extension of stay or change of status for nonimmigrant health care workers without requiring certification... On or after July 26, 2004, if an alien seeks admission to the United States, a change of status, or an extension of stay, the alien must provide evidence of health care worker certification if his or her primary purpose for coming to or remaining in the United States is employment in one of the affected health care occupations." (Emphasis added.)
Another point further emphasized by the memorandum is that non-immigrant health care workers subject to the rule will be required to obtain and present certification to the DHS each time they apply for admission to the U.S., an extension of stay, or a change of status.
Finally, this memorandum also affirms in relation to immigrant workers that the Visa Screen certificate must be presented at the time of immigrant visa issuance (if consular processing is being sought) or to the DHS at the time of filing the application for adjustment of status
