[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR40.53]

[Page 169]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 40_REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS 
UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
 Subpart F_Labor Certification and Qualification for Certain Immigrants
 
Sec. 40.53  Uncertified foreign health-care workers.

    (a) Subject to paragraph (b) of this section, a consular officer 
must not issue a visa to any alien seeking admission to the United 
States for the purpose of performing services in a health care 
occupation, other than as a physician, unless, in addition to meeting 
all other requirements of law and regulation, the alien provides to the 
officer a certification issued by the Commission On Graduates of Foreign 
Nursing Schools (CGFNS) or another credentialing service that has been 
approved by the Attorney General for such purpose, which certificate 
complies with the provisions of sections 212(a)(5)(C) and 212(r) of the 
Act, 8 U.S.C. 1182(a)(5)(C) and 8 U.S.C. 1182(r), respectively, and the 
regulations found at 8 CFR 212.15.
    (b) Paragraph (a) of this section does not apply to an alien:
    (1) Seeking to enter the United States in order to perform services 
in a non-clinical health care occupation as described in 8 CFR 
212.15(b)(1); or
    (2) Who is the immigrant or nonimmigrant spouse or child of a 
foreign health care worker and who is seeking to accompany or follow to 
join as a derivative applicant the principal alien to whom this section 
applies; or
    (3) Who is applying for an immigrant or a nonimmigrant visa for any 
purpose other than for the purpose of seeking entry into the United 
States in order to perform health care services as described in 8 CFR 
212.15.

[67 FR 77159, Dec. 17, 2002]