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[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Rules and Regulations]
[Pages 3440-3444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1203]

[[Page 3440]]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 2089-00]
RIN 1115-AE73

Additional Authorization To Issue Certificates for Foreign Health 
Care Workers; Speech-Language Pathologists and Audiologists, Medical 
Technologists and Technicians, and Physician Assistants

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim rule amends the regulations of the Immigration 
and Naturalization Service (Service), to enable the Commission on 
Graduates of Foreign Nursing Schools (CGFNS) to issue certificates to 
aliens seeking admission as, or adjustment of status to permanent 
residents on the basis of the following occupations: Speech language 
pathologist and audiologists, medical technologist (also known as 
``clinical laboratory scientist''), physician assistant, and medical 
technician (also known as ``clinical laboratory technician''). The 
Service has consulted with the Department of Health and Human Services 
before promulgating this interim regulation. This rule ensures that 
foreign health care workers have the same training, education and 
licensure as similarly employed United States workers.

DATES: Effective Date: This interim rule is effective March 19, 2001.
    Comment date: Written comments must be submitted on or before March 
19, 2001.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street NW., Room 4034, Washington, DC 
20536. To ensure proper handling, please reference the INS No. 2089-00 
on your correspondence. Comments are available for public inspection at 
the above address by calling (202) 514-3048 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT: John W. Brown, Adjudications Officer, 
Adjudications Division, Immigration and Naturalization Service, 425 I 
Street NW., Room 3214, Washington, DC 20536, telephone (202) 353-8177.

SUPPLEMENTARY INFORMATION:

What Are the Provisions of 8 U.S.C. 1182(a)(5)(C)?

    The Illegal Immigration Reform and Immigrant Responsibility Act 
(IIRIRA), Public Law No. 104-208, section 343, 110 Stat. 3009, 636-37 
(1996) created a new ground of inadmissibility now codified at 8 U.S.C. 
1182(a)(5)(C), section 212(a)(5)(C) of the Immigration and Nationality 
Act (Act). It provides that an alien who seeks to enter the United 
States for the purpose of performing labor as a health care worker, 
other than a physician, is inadmissible unless the alien presents a 
certificate from CGFNS or an equivalent independent credentialing 
organization approved by the Attorney General in consultation with the 
Secretary of Health and Human Services (HHS) verifying:
    (1) that the alien's education, training, license, and experience 
meet all applicable statutory and regulatory requirements for admission 
into the United States under the classification specified in the 
application; are comparable with that required for an American health 
care worker of the same type; are authentic and, in the case of a 
license, unencumbered;
    (2) the alien has the level of competence in oral and written 
English considered by the Secretary of HHS, in consultation with the 
Secretary of Education, to be appropriate for health care work of the 
kind in which the alien will be engaged, as shown by an appropriate 
score on one or more nationally recognized, commercially available, 
standardized assessments of the applicant's ability to speak and write 
English; and,
    (3) if a majority of States licensing the profession in which the 
alien intends to work recognize a test predicting an applicant's 
success on the profession's licensing or certification examination, the 
alien has passed such a test, or has passed such an examination. 
Section 212(r) of the Act mandates separate certification procedures 
for certain aliens.

How Has the Service Implemented 8 U.S.C. 1182(a)(5)(C)?

    Section 212(a)(5)(C) of the Act became effective upon enactment on 
September 30, 1996. Shortly thereafter, the Service met and conferred 
with HHS, the Department of Labor (DOL), the Department of Education 
(DOE), the Department of Commerce (DOC), the Office of the United 
States Trade Representative (USTR), and the Department of State (DOS) 
to reach consensus on the best approach for implementation. In addition 
to meetings among the affected agencies, several meetings were held 
with interested organizations including CGFNS, the American 
Occupational Therapists Association, the National Board for 
Certification in Occupational Therapy (NBCOT), the Federated State 
Board of Physical Therapy, and the American Physical Therapy 
Association.
    The Service in consultation with HHS initially identified, on the 
basis of the legislative history, seven categories of health care 
workers subject to the provisions of 8 U.S.C. 1182(a)(5)(C). The seven 
categories are nurses, physical therapists, occupational therapists, 
speech-language pathologists, medical technologists (also known as 
``clinical laboratory scientist''), medical technicians (also known as 
``clinical laboratory technicians'') and physician assistants. Upon the 
suggestion of HHS, this rule lists the alternative terms ``clinical 
laboratory scientist'' and ``clinical laboratory technician'' to 
reflect both the legislative history and current health professions 
categorizations.
    After weighing the complexity of the implementation issues, 
anticipating the length of time for rule making, and considering the 
need for health care facilities across the country to remain fully 
staffed and provide a high quality of service to the public, the DOS 
and the Service agreed to exercise their statutory discretion under 8 
U.S.C. 1182(d)(3), section 212(d)(3) of the Act, and have granted a 
blanket waiver of inadmissibility to nonimmigrant health care workers 
until final regulations are promulgated. The blanket waiver of 
inadmissibility applies to nonimmigrant health care workers already in 
possession of nonimmigrant visas and visa exempt aliens, including 
Canadians applying for classification pursuant to 8 U.S.C. 1184(e), 
section 214(e) of the Act (TN classification). The Service published an 
interim rule (First Interim Rule) in the Federal Register on October 
14, 1998 at 63 FR 55007 in which the adoption of this policy regarding 
nonimmigrant health care workers was announced. The First Interim Rule 
amended 8 CFR part 212 and 245. A formal application or fee is not 
required for a nonimmigrant health care worker to obtain the waiver. 
Nonimmigrant health care workers are admitted on a multiple entry Form 
I-94 for 1 year. In addition, otherwise admissible dependents are also 
authorized admission into the United States for the specific dates of 
stay authorized for the principal alien. A new waiver is not required 
if the nonimmigrant health care worker makes an application for 
admission to the United States during

[[Page 3441]]

the validity period of the previously issued Form I-94. Nonimmigrants 
applying for TN classification are not required to pay the admission 
fee described at 8 CFR 214.6(f) when applying for admission during the 
validity period of the previously issued Form I-94. Finally, 
nonimmigrant health care workers are eligible for extensions of the 
waiver and corresponding extensions of stay in increments of 1 year.
    The Services has issued two interim rules implementing the 
certification requirements of section 212(a)(15)(C) of the Act with 
respect to immigrant health care workers. The First Interim Rule, 
previously referenced, and a Second Interim Rule which was published in 
the Federal Register on April 30, 1999 at 64 FR 23174. The Second 
Interim Rule also amended 8 CFR part 212.

What Were the Provisions of the 1st and 2nd Interim Rules?

    The First Interim Rule temporarily enabled CGFNS to issue 
certificates to immigrants coming to the United States to work in the 
field of nursing, and temporarily authorized NBCOT to issue 
certificates in the field of occupational therapy. The Service adopted 
the First Interim Rule without the notice and comment period ordinarily 
required by 5 U.S.C. 553 because it found that delay in the 
implementation of 8 U.S.C. 1182(a)(5)(C) could adversely affect the 
provision of health care, particularly in medically under-served areas 
for nursing and occupational therapy. Given this context, the Service 
identified two criteria for the selection of certifying organizations 
on a temporary basis:
    (1) That a sustained level of demand for foreign workers for the 
particular occupation exists; and
    (2) That an organization with an established track record in 
providing credentialing services exists.
    The First Interim Rule defined the term ``sustained level of 
demand'' as the presence of an existing demand for foreign health care 
workers in a particular occupation that is expected to continue in the 
foreseeable future. The term ``organizations with an established track 
record'' was defined as an organization which has a record of issuing 
actual certificates, or documents similar to a certificate, that are 
generally accepted by the state regulatory bodies as certificates that 
an individual has met certain minimal qualifications. The Service 
found, on the basis of information provided by DOL, that there was a 
sustained level of demand for foreign workers in nursing and 
occupational therapy. After consultation with HHS, CGFNS and NBCOT were 
found to qualify as organizations with an established track record in 
providing credentialing services for nursing and occupational therapy 
respectively. As required by 8 U.S.C. 212(a)(5)(C), the rule also 
established the appropriate English language competency levels for 
foreign nurses and occupational therapists, and specified exemptions 
from English language proficiency testing.
    The First Interim Rule provided that the Service would apply the 
two criteria to other organizations seeking authorization to issue 
certificates while the interim rule remained in effect. Finally, the 
Service deferred consideration of whether CGFNS is authorized to issue 
certificates for other health care occupations.
    The Second Interim Rule temporarily enabled CGFNS to issue 
certificates to immigrants coming to the United States to work in the 
fields of occupational therapy and physical therapy, and temporarily 
authorized the Foreign Credentialing Commission on Physical Therapy 
(FCCPT) to issue certificates in physical therapy. As with the First 
Interim Rule, the Service adopted the Second Interim Rule without the 
notice and comment period ordinarily required by 5 U.S.C. 553 because 
it found that delay in the implementation of 8 U.S.C. 1182(a)(5)(C) 
could adversely affect the provision of health care in medically under-
served areas. The Service, in consultation with HHS, evaluated CGFNS' 
and FCCPT's applications for authorization to issue certificates under 
the criteria promulgated by the First Interim Rule. The Service found 
that both CGFNS and FCCPT met the ``establishment or proven track 
record'' criterion. With respect to the second criterion, the Service 
relied on its findings in the First Interim Rule to conclude that there 
was a sustained level of demand for occupational therapists. In 
addition, after considering data compiled by DOL, the Service concluded 
that there was a sustained level of demand for physical therapists that 
could adversely affect the provision of health care in medically under-
served areas. The Second Interim Rule also established the appropriate 
English language competency levels for physical therapists.

Why Is the Service Promulgating a Third Interim Rule To Implement 8 
U.S.C. 1182(a)(5)(C)?

    After careful consideration, the Service believes that it is in the 
public interest to temporarily adopt this rule without notice and 
comment procedures, and that it would be impracticable to do otherwise. 
The Service will invite post promulgation comments to this temporary 
rule. In addition the Service anticipates publishing a Notice of 
Proposed Rule Making (NPRM) within the next 6 months.
    The IIRIRA was a major, complex legislative scheme, which 
significantly changed existing immigration law and imposed many 
administrative duties upon the Service. Many provisions of the IIRIRA, 
including section 343 became immediately effective. The Service had a 
tremendous responsibility to rapidly promulgate numerous regulations 
implementing the new provisions of the law. Since enactment of the 
IIRIRA, the Service has diligently worked on an NPRM to implement 8 
U.S.C. 1182(a)(5)(C) via ordinary notice and comment procedure, but has 
experienced considerable administrative difficulty in coordinating the 
needs and concerns of the large number of federal agencies and private 
interested parties affected by 8 U.S.C. 1182(a)(5)(C). Several 
substantive issues require the technical expertise of other agencies 
and further consultation before they can be definitively addressed. For 
example, the provisions of 8 U.S.C. 1182(a)(5)(C) may affect United 
States obligations under international treaties to facilitate the 
movement of professionals. Second, the Service is required to further 
define which, if any, other health care occupations fall under the 
ambit of the statute. Because of the delays in promulgating the larger 
rule, the Service believes the promulgation of this regulation as an 
interim rule is imperative to enable the Service to execute its 
adjudicative functions and to eliminate a growing backlog of pending 
immigrant applications filed by aliens seeking to immigrate to the 
United States as speech language pathologists and audiologists, medical 
technologists, physicians assistants and medical technicians. The 
Service has held such immigrant petitions in abeyance until 
promulgation of implementing regulations and as a result, certain 
immigrant health care workers have suffered extended periods of 
separation from family members and petitioning employers have been 
forced to operate without needed employees.

What Criteria Will the Service Use To Evaluate Organizations 
Applying for Authority to Issue Certifications?

    The Service will continue to use the ``proven track record'' 
criterion previously promulgated in the First and Second Interim Rules. 
The legislative history of the IIRIRA indicates that the factors to be 
considered for selection of

[[Page 3442]]

credentialing organizations are the following (1) the independence and 
freedom of material conflicts of interest of the organization regarding 
whether an alien receives a visa; (2) whether the organization has the 
ability to evaluate credentials and English competency; (3) whether the 
organization maintains comprehensive and current information on foreign 
educational institutions; and (4) whether the organization can conduct 
examinations outside of the United States. See H.R. REP. NO. 104-828 at 
227 (1996). The Service intends to fully address each of these factors 
in the NPRM. However since this is a temporary rule, the Service 
believes that the ``proven track record'' criterion adequately 
addresses the factors outlined in the legislative history.
    After careful consideration, the Service has decided it will not 
use the ``sustained level of demand'' criterion utilized in the First 
and Second Interim Rules. As discussed supra, the Service promulgated 
those interim rules under the rationale that failure to process 
immigrant petitions for certain health care occupations would adversely 
affect the provision of health care in medically under-served areas. 
Given that rationale for promulgation of those interim rules, 
``sustained level of demand'' was initially an important consideration 
in the approval of credentialing organizations. In contrast, the 
Service is promulgating this interim rule because it has experienced 
tremendous administrative difficulty in promulgating permanent 
regulations due to the complexity of the issues to be addressed, and 
because the Service is unable to execute its adjudicative functions 
with respect to a growing backlog of petitions without an implementing 
regulation. Therefore, ``sustained level of demand'' is not a relevant 
consideration at this time because the Service is unable to execute its 
adjudicative function with respect to these occupations.

What Is the Purpose of This Interim Rule?

    The purpose of this interim rule is to provide notice that CGFNS 
may issue certificates pursuant to section 212(a)(5)(C) of the Act, on 
a temporary basis, to foreign health care workers coming to the United 
States as immigrants or applicants for adjustment of status to work in 
the occupations of speech-language pathologists and audiologists, 
medical technologists (clinical laboratory scientists), physician 
assistants, and medical technicians (clinical laboratory technicians).
    This rule does not establish procedures for the Service to accept 
certificates issued by CGFNS or equivalent credentialing organizations 
to aliens seeking temporary admission to the United States to perform 
services in a health care occupation. An alien's application for 
admission as a nonimmigrant will be processed pursuant to the Service's 
temporary policies previously described.
    This interim rule also lists the passing scores for the English 
language tests for the occupations of speech-language pathologists and 
audiologists, medical technologists (clinical laboratory scientists), 
physician assistants, and medical technicians (clinical laboratory 
technicians). This interim rule also amends the regulations concerning 
what organizations may administer the English language tests to reflect 
recent changes concerning one of the testing organizations.

Has CGFNS Shown That It Has an Established Track Record?

    Based on consultations with HHS, the Service finds that CGFNS has 
an established track record in issuing certificates for speech-language 
pathologists and audiologists, medical technologists (clinical 
laboratory scientists), physician assistants and medical technicians 
(clinical laboratory technicians). In addition to 20 years of 
experience in evaluating the credentials of foreign nurses, CGFNS has 
experience beyond nursing with regard to educational comparability and 
credentials evaluation. CGFNS has an extensive database covering 
health-related academic programs in foreign countries, much of which is 
applicable beyond nursing. Finally CGFNS, through their credential 
evaluation service, has evaluated foreign credentials, including 
educational degrees and foreign licenses for psychiatric technicians, 
physician assistants, emergency medical technicians and other 
occupations. With the establishment of ``Professional Standards 
Committees'' CGFNS has developed certification standards that may be 
used to assess comparability for the occupations of speech language 
pathologists and audiologists, medical technologists (clinical 
laboratory scientists), physician assistants and medical technicians 
(clinical laboratory technicians).

What Are the Passing English Test Scores for Speech-Language 
Pathologists and Audiologists, Medical Technologist (Clinical 
Laboratory Scientists), and Physician Assistants?

    In order to obtain a certificate, the alien must demonstrate to the 
credentialing organization that he or she has passed either the English 
tests given by the Educational Testing Service or the Michigan English 
Language Assessment Battery (MELAB). In order to obtain a certificate 
an alien must be competent in written, oral, and spoken English.
    The HHS has determined that speech-language pathologists and 
audiologists, medical technologists (clinical laboratory scientists), 
and physician assistants must obtain the following scores on the 
English tests administered by the Educational Testing Service (ETS): 
Test of English as a Foreign Language (TOEFL): paper-based 540, 
computer-based 207; Test of Written English (TWE): 4.0; Test of Spoken 
English (TSE): 50.
    The HHS has determined that speech-language pathologists and 
audiologists, medical technologists (clinical laboratory scientists), 
and physician assistants must obtain the following scores on the 
English tests administered by the Michigan English Language Assessment 
Battery (MELAB): Final Score 79; Oral Interview 3+. It is noted that, 
effective June 30, 2000, the MELAB Oral Interview Speaking Test is no 
longer being given overseas and is only being administered in the 
United States and Canada. Applicants may take MELAB Parts 1, 2 and 3, 
plus the TSE offered by the ETS. In addition, the exemptions for the 
English language tests described in Sec. 212.15(g)(2) apply to the 
occupations of speech-language pathologists and audiologists, medical 
technologists (clinical laboratory scientists), and physician 
assistants.

What Are the Passing English Test Scores for Medical Technicians 
(Clinical Laboratory Technicians)?

    In order to obtain a certificate, the alien must demonstrate to the 
credentialing organization that he or she has passed either the English 
tests given by the Educational Testing Service or the Michigan English 
Language Assessment Battery (MELAB). In order to obtain a certificate 
an alien must be competent in written, oral, and spoken English.
    The HHS has determined that medical technicians (clinical 
laboratory technicians) must obtain the following scores on the English 
tests administered by ETS: TOEFL: paper-based 530, computer-based 197; 
TWE: 4.0; TSE: 50.
    The HHS has determined that medical technicians (clinical 
laboratory technicians) must obtain the following scores on the English 
tests administered by the MELAB: Final Score 77; Oral Interview 3+. 
Again, the MELAB Oral Interview Speaking Test is no longer being given 
overseas and is only being

[[Page 3443]]

administered in the United States and Canada. Applicants may take MELAB 
Parts 1, 2 and 3, plus the TSE offered by the ETS. In addition, the 
exemptions for the English language tests described in 
Sec. 212.15(g)(2) apply to the occupation of medical technicians 
(clinical laboratory technicians).

What Aliens Are Exempt From the English Tests?

    According to Sec. 212.15(g)(1), aliens who have graduated from a 
college, university, or professional training school located in 
Australia, Canada, (except Quebec), Ireland, New Zealand, the United 
Kingdom, and the United States are exempt from the English language 
requirement.

Does This Interim Rule Alter Any of the Service's Policies With 
Respect to the Admission of Nonimmigrant Health Care Workers?

    No, this rule enables CGFNS to issue certificates to foreign health 
care workers seeking admission as immigrants or adjustment of status in 
the occupations previously discussed. It does not alter any of the 
Service's policies with respect to the admission of nonimmigrant aliens 
coming to perform services in health care occupations that were 
described in the first interim rule.

How Does This Rule Amend the Existing Regulation?

    This interim rule amends the regulation at Sec. 212.15(c) by adding 
the occupations of speech-language pathologists and audiologists, 
medical technologists (clinical laboratory scientists), physician 
assistants, and medical technicians (clinical laboratory technicians) 
to the list of occupations.
    This interim rule also amends the regulation at Sec. 212.15(e) to 
add the occupations of speech-language pathologists and audiologists, 
medical technologists (clinical laboratory scientists), physician 
assistants, and medical technicians (clinical laboratory technicians) 
to the list of occupations for which CGFNS can issue certificates.
    Finally, this interim rule amends the regulation at Sec. 212.15(g) 
to list the passing English scores for the occupations of speech-
language pathologists and audiologists, medical technologists (clinical 
laboratory scientists), physician assistants, and medical technicians 
(clinical laboratory technicians). This interim rule further amends the 
regulations at Sec. 212.15(g) by describing the changes in testing that 
have been instituted by MELAB.

Good Cause Exception

    This interim rule is effective 60 days from the date of publication 
in the Federal Register, and the Service invites post-promulgation 
comments to be weighed and considered in the forthcoming NPRM. For the 
following reasons, the Service for good cause finds that it is in the 
public interest to temporarily adopt this rule without notice and 
comment procedures, and that it would be impracticable to do otherwise.
    First, the Service has diligently worked on an NPRM for 8 U.S.C. 
1182(a)(5)(C), but has experienced considerable administrative 
difficulty in coordinating the needs and concerns of the large number 
of federal agencies and private interested parties affected by 8 U.S.C. 
1182(a)(5)(C). Several substantive issues, including how the provisions 
of 8 U.S.C. 1182(a)(5)(C) affect United States obligations under 
international treaties, and how to define which occupations fall under 
the ambit of the statute, require the technical expertise of other 
agencies and further consultation before they can be definitively 
addressed.
    Second, the Service believes that promulgation of this regulation 
as an interim rule is imperative to enable the Service to execute its 
adjudicative functions with respect to pending immigrant applications 
filed by aliens seeking to immigrate to the United States as speech 
language pathologists, medical technologists, physician assistants and 
medical technicians. Such immigrant applications have been held in 
abeyance until promulgation of implementing regulations resulting in a 
backlog. Further, because these immigrant applications have been held 
in abeyance, certain immigrant health care workers have unfortunately 
suffered extended periods of separation from family members and 
petitioning employers have been forced to operate without needed 
employees. In the long term, the Service's continued policy with 
respect to these immigrants could have the unintended consequence of 
chilling future immigration of alien health care workers in these 
occupations.
    While the Service plans to issue an NPRM in 6 months that covers 
more than this interim rule, it does not anticipate speedy promulgation 
of a final rule due to the numerous public comments expected in 
response to the NPRM. In light of this, the Service finds that it would 
be contrary to the public interest to continue to hold these immigrant 
applications in abeyance pending final rules when the admission or 
adjustment of these aliens under temporary procedures will only serve 
to benefit the public health.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with 5 U.S.C. 605(b), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. This rule 
has been drafted in a way to minimize the economic impact that it has 
on small business while meeting its intended objective. The health care 
workers who will be issued certificates are not considered small 
entities as the term is defined in 5 U.S.C. 601(6).

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    This rule is considered by the Department of Justice, Immigration 
and Naturalization Service, to be a ``significant regulatory action'' 
under E.O. 12866, section 3(f), Regulatory Planning and Review. 
Accordingly, this rule has been submitted to the Office of Management 
and Budget (OMB) for review.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in

[[Page 3444]]

accordance with section 6 of Executive Order 13132, it is determined 
that this rule does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement.

Executive Order 12988 Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

    The information required on the certificate for health care workers 
showing that the alien possesses proficiency in the skills that affect 
the provision of health care services in the United States (as provided 
in Sec. 212.15(f)) is considered an information collection that has 
been approved for use by the Office of Management and Budget (OMB) 
under OMB control number 1115-0226. It is estimated that the number of 
respondents will increase as a result of adding the five additional 
health care occupations listed in Sec. 212.15(c). Accordingly, the 
Service will submit an adjustment form to OMB increasing the total 
annual burden hours.

List of Subjects in 8 CFR Part 212

    Administrative practice and procedures, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

    Accordingly, part 212 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

    1. The authority citation for part 212 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 
1226, 1227, 1228, 1252; 8 CFR part 2.

    2. Section 212.15 is amended by:
    a. Adding new paragraphs (c)(4) through (c)(7);
    b. Revising paragraph (e)(1);
    c. Revising paragraph (g)(3)(i); and
    d. Adding new paragraphs (g)(4)(iv) and (g)(4)(v), to read as 
follows:

Sec. 212.15  Certificates for foreign health care workers.

* * * * *
    (c) * * *
    (4) Speech-Language Pathologists and Audiologists.
    (5) Medical Technologists (Clinical Laboratory Scientists).
    (6) Physician Assistants.
    (7) Medical Technicians (Clinical Laboratory Technicians).
* * * * *
    (e) * * *
    (1) The Commission on Graduates of Foreign Nursing Schools may 
issue certificates pursuant to 8 U.S.C. 1182(a)(5)(C), and section 
212(a)(5)(C) of the Act for the occupations of nurse (licensed 
practical nurse, licensed vocational nurse, and registered nurse), 
physical therapist, occupational therapist, speech-language pathologist 
and audiologist, medical technologist (clinical laboratory scientist), 
physician assistant, and medical technician (clinical laboratory 
technician).
* * * * *
    (g) * * *
    (3) * * *
    (i) Michigan English Language Assessment Battery (MELAB). Effective 
June 30, 2000, the MELAB Oral Interview Speaking Test is no longer 
being given overseas and is only being administered in the United 
States and Canada. Applicants may take MELAB Parts 1, 2, and 3, plus 
the Test of Spoken English offered by the Educational Testing Service.
* * * * *
    (4) * * *
    (iv) Speech-language pathologists and Audiologists, medical 
technologists (clinical laboratory scientists), and physician 
assistants. An alien coming to the United States to perform labor as a 
speech-language pathologist and audiologist, a medical technologist 
(clinical laboratory scientist), or a physician assistant must have the 
following scores to be issued a certificate: ETS: TOEFL: Paper-Based 
540, Computer-Based 207; TWE: 4.0; TSE: 50; MELAB: Final Score 79; Oral 
Interview: 3+.
    (v) Medical technicians (clinical laboratory technicians). An alien 
coming to the United States to perform labor as a medical technician 
(clinical laboratory technician) must have the following scores to be 
issued a certificate: ETS: TOEFL: Paper-Based 530, Computer-Based 197; 
TWE: 4.0; TSE: 50; MELAB: Final Score 77; Oral Interview: 3+.

    Dated: November 28, 2000.
Mary Ann Wyrsch,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 01-1203 Filed 1-12-01; 8:45 am]
BILLING CODE 4410-10-M
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