01/09/2003 HEALTHCARE IMMIGRATION ALERT: INS ISSUES MEMO SOLVING THE SS# ISSUE FOR RN’S In an INS headquarters memo released this week, the INS has provided a solution to the “social security number problem” which has recently plagued hospitals, nurse recruiters, and other organizations which seek to hire foreign nurses. The memorandum announces that employers can receive an I-140 approval on behalf of a nurse who has passed the National Council Licensure Examination for Registered Nurses (NCLEX®-RN) in lieu of either having passed the Commission on Graduates of Foreign Schools (CGFNS) examination or being in possession of a full and unrestricted (permanent) license to practice nursing in the state of intended employment. Previously, the INS would not approve the I-140 petition if the nurse did not have either a passing score on the CGFNS exam or a full and unrestricted state license. Many nurses were unable to obtain a state license for nursing without first obtaining a social security number. Yet the social security administration would not issue a social security number until the nurse obtained authorization from the INS to work in the U.S. As a result, the requirement of a social security number placed many foreign nurses in a catch-22 situation without a viable solution. Effective immediately, the INS is accepting a certified copy of a letter from the state of intended employment which confirms that the alien has passed the NCLEX®-RN examination and is eligible to be issued a license to practice nursing in that state. Please be reminded that the majority of states require the CGFNS in addition to the NCLEX® for state licensure so this memo would seem to have little or no applicability in those states. However, for those states that permit the passage of the NCLEX® as their only requirement, most notably California and Arizona, this memo will be a tremendous benefit." This memo was produced through the joint efforts of the INS and the DOL who will shortly be amending their regulations to conform to this policy. They should be applauded for their efforts. A special thanks to many of our clients who wrote letters and made phone calls to help achieve this result.