People often search for this issue as INA 212a5C, 212a5C, or Section 212a5C. These are shorthand references to INA § 212(a)(5)(C), which can make certain health care workers inadmissible if they do not have the required health care worker certification (commonly referred to as the VisaScreen certificate) when applying for an immigrant visa, admission, or certain work authorization contexts.
INA 212a5C (INA 212(a)(5)(C)) — Health Care Worker Certification (VisaScreen)
INA 212a5C (INA 212(a)(5)(C)) — Health Care Worker Certification (VisaScreen)
What is a ground of inadmissibility?
In order for a foreign national to be admitted to the United States, he or she must be admissible. A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate. If the foreign national is deemed inadmissible to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.
212(a)(5)(C) Inadmissibility due to Uncertified Health Care Workers
Foreign nationals may be inadmissible if he or she is applying to enter the US to work as a health care worker, other than a physician, but does not have the required credentials.
Any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is excludable unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services.
How to obtain a determination that the 212(a)(5)(C) ground of inadmissibility was incorrectly made.
No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.
Who needs health care worker certification (VisaScreen) and what documents count
INA 212a5C issues most often arise when a health care worker applies for an immigrant visa or admission and the case requires a health care worker certification. Many people search for this as the “VisaScreen” requirement.
Common health care occupations that frequently trigger certification questions include:
- Nurses
- Physical therapists
- Occupational therapists
- Medical technologists / clinical laboratory scientists
- Speech-language pathologists (in certain contexts)
In practice, the key is presenting the correct certification document in the format required for the case. If the case is delayed, the most effective step is usually to confirm whether the occupation requires certification and then submit the proper certificate and supporting licensure/credential documentation in an organized way.
Options and next steps for INA 212a5C (VisaScreen / health care worker certification)
INA 212a5C is usually a documentation issue: the case requires a health care worker certification and the file does not contain the correct certificate or it was not presented in the required format.
Practical next steps typically include:
- Confirming whether the applicant’s occupation requires health care worker certification for the specific visa/immigration posture
- Obtaining the correct certification document (often referred to as the VisaScreen certificate) and confirming it is valid
- Submitting the certificate along with supporting licensure/credential documentation in a clear, organized package
- If the issue arose at a consulate, responding with the certificate and any additional documents requested by the post
- If the issue arose with USCIS, responding to any RFE/NOID with the certificate and supporting evidence by the deadline
Because this ground is record-driven, the fastest resolution is usually to supply the correct certification documentation and ensure the record is complete and consistent.
Frequently asked questions about INA 212a5C (212(a)(5)(C))
What is INA 212a5C?
INA 212a5C (INA 212(a)(5)(C)) is the health care worker certification ground of inadmissibility. It can apply when a health care worker is required to present a certification document but does not have the required certification in the case record.
What is the VisaScreen certificate?
Many people refer to the required health care worker certification as “VisaScreen.” It is a certification used in many cases to show that the health care worker’s credentials meet applicable requirements.
Which health care workers usually need certification?
Certification questions commonly arise for nurses and certain other health care occupations. Whether certification is required depends on the occupation and the immigration posture, so it should be confirmed for the specific case.
What documents are most important to fix a 212(a)(5)(C) issue?
The key document is the required health care worker certification (often called the VisaScreen certificate) along with supporting licensure/credential documents. A clear, organized submission is often the fastest way to resolve delays.
How do 212(a)(5)(C) issues come up at a consulate?
Consular posts may request the certification and related credential documents during immigrant visa processing. If the certificate is missing or incomplete, the case can be delayed until the correct documentation is provided.
Can INA 212a5C be waived?
Most 212a5C issues are resolved by obtaining and submitting the required certification documentation rather than through a traditional waiver. The first step is confirming whether certification is required and then providing the correct certificate in the format requested.
News Related to INA § 212(a)(5)(C)
| Date | Title | Details | ||
|---|---|---|---|---|
| September 22, 2003 | USCIS Final Regulation on Certification of Foreign Health Care Workers | The rule establishes that certain nonimmigrant health care workers are required to obtain certification in accordance with section 212(a)(5)(C) of the Act under a phased-in process. Nurses may be able to demonstrate that they meet the alternate certification requirements of section 212(r) of the Act. |
