December 2, 2003 - The Department of Homeland Security has returned to its former policy of not requiring evidence of Visa Screen Certification at the time an adjustment of status application is filed on behalf of a health care worker. The controversy started with a memorandum issued by DHS on September 22, 2003, which mandated various requirements for health care workers seeking both nonimmigrant and immigrant status. The memo specifically indicated that healthcare workers applying for adjustment of status ("green cards") must submit evidence of certification at the time the adjustment of status application is filed. As noted in our last newsletter, the memo represented a clear departure from longstanding policy of accepting Visa Screen Certificates filed for an already pending adjustment of status application.

On November 25, 2003, the United States Citizen and Immigration Services (USCIS) clarified that the certification requirement established in the September 25, 2003 memo was not intended to depart from previous policy with respect to adjustment of status filings. The USCIS confirmed that it has returned to previous practice of accepting Visa Screen Certificates for health care workers after the filing of an adjustment of status application.