DS-160 QUESTION

[vinnie&andy 118]

Hi ! So I'm a dentist in my country Colombia and one day I want to get a license to work as a dentist in the USA. 

On the form DS-160 I am asked this 

Are you a health care worker seeking to perform such work in the United States but have not yet received certification from the Commission on Graduates of Foreign Nursing Schools or from an equivalent approved independent credentialing organization? 

 

I don't have a license yet. Should I say "yes" or will it affect my application for my K-1 visa? I don't know if they're trying to ask if I want to work without a license.

 

Thanks!

[Alabamak1 688]

just FYI....you wont be able to work w/o EAD or GC depending which comes first to you. It doesn't matter if you plan to do the same work you do in Colombia here later on. 

[ITMFA 241]

5 hours ago, vinnie&andy said:

Hi ! So I'm a dentist in my country Colombia and one day I want to get a license to work as a dentist in the USA. 

On the form DS-160 I am asked this 

Are you a health care worker seeking to perform such work in the United States but have not yet received certification from the Commission on Graduates of Foreign Nursing Schools or from an equivalent approved independent credentialing organization? 

 

I don't have a license yet. Should I say "yes" or will it affect my application for my K-1 visa? I don't know if they're trying to ask if I want to work without a license.

 

Thanks!

no! you are simply applying for a k-1 visa. The DS-160 is a general form used for lots of different types of visa. Just focus on the k-1 and don't tell them anything about future career plans. Once you have your green card you can think about that stuff! 

[TM92 527]

Every question on that form needs to be answered accurately to avoid future charge of misrepresentation; you should include a thorough explanation. Your K-1 should not be affected by INA 212(a)(5)(C):

Quote

(C) Uncertified foreign health-care workers Subject to subsection (r), 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, verifying that- (i) the alien's education, training, license, and experience- (I) meet all applicable statutory and regulatory requirements for entry into the United States under the classification specified in the application; (II) are comparable with that required for an American health-care worker of the same type; and (III) are authentic and, in the case of a license, unencumbered; (ii) the alien has the level of competence in oral and written English considered by the Secretary of Health and Human Services, 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; and (iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the profession's licensing or certification examination, the alien has passed such a test, or has passed such an examination. For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.

[vinnie&andy 118]

4 hours ago, TM92 said:

Every question on that form needs to be answered accurately to avoid future charge of misrepresentation; you should include a thorough explanation. Your K-1 should not be affected by INA 212(a)(5)(C):

So I think I should just respond "no" ???

[JFH 12,191]

*~*~*procedural question moved from "progress reports" to "process and procedures" and multiple duplicate threads removed. Please post each question only once and do not post the same question in multiple forums. Thank you*~*~*

[vinnie&andy 118]

1 minute ago, JFH said:

*~*~*procedural question moved from "progress reports" to "process and procedures" and multiple duplicate threads removed. Please post each question only once and do not post the same question in multiple forums. Thank you*~*~*

Thanks but I need more advice about this question! What should I do for more people to give me advice??

[JFH 12,191]

You answer "no" as that is not your reason for entering the USA. You are entering as a fiancé to get married and live with your spouse. The fact that you happen to be a healthcare professional is irrelevant. Remember that the same form is used for multiple visa classes so some questions are irrelevant but all questions must be answered. 

Just now, vinnie&andy said:

Thanks but I need more advice about this question! What should I do for more people to give me advice??

You wait for people to answer. We are all on different time zones so it takes time and you need to be patient. 

[vinnie&andy 118]

Thanks so much and sorry for asking multiple times ☺️

[JFH 12,191]

I have just removed the third duplicate. I hope that's the last one?

[TM92 527]

Here is a similar thread:

Answer "no" because dentist is not in list below:

Quote

Health Care Occupations Requiring a Certification

The following health care occupations require a certification under 8 CFR 212.15(c):

• nurses (licensed practical nurses, licensed vocational nurses, and registered nurses ),
• physical therapists,
• occupational therapists,
• speech-language pathologists and audiologists,
• medical technologists (also known as clinical laboratory scientists),
• medical technicians (also known as clinical laboratory technicians) and
• physician assistants.

Answer the following question if you see it: "Are you graduate of foreign school medical seeking to perform medical services in the US but have not yet passed the National board of medical examiners examination or its equivalent?"

Edited September 30, 2018 by TM92

[lierre 224]

You can't perform work on a K-1 visa. You have to have a different visa for that. So, the answer is "No."

[TM92 527]

52 minutes ago, ivyanddan said:

You can't perform work on a K-1 visa. You have to have a different visa for that. So, the answer is "No."

OP should still answer the DS-160 questions accurately (i.e. if OP plans to work as a licensed dentist when EAD or GC is received). Since OP is applying for a K-1, these specific questions won't hold any weight (if answered accurately), as per the thread I linked.

Edited September 30, 2018 by TM92

[lierre 224]

8 hours ago, TM92 said:

Every question on that form needs to be answered accurately to avoid future charge of misrepresentation; you should include a thorough explanation. Your K-1 should not be affected by INA 212(a)(5)(C):

What TM92 said in this response is accurate.

 

And I guess looking at this: http://britsimonsays.com/faq/how-to-answer-are-you-a-health-care-worker-seeking-to-perform-such-work-in-the-united-states-but-have-not-yet-received-certification/ - what TM92 posted made me realize I misinterpreted the question.

 

The question:

"Are you graduate of foreign school medical seeking to perform medical services in the US..." - it seems like for this your answer is Yes. 

"... but have not yet passed the National board of medical examiners examination or its equivalent?" - what applies to you here seems like it's a Yes, too.

 

 

[vinnie&andy 118]

1 hour ago, TM92 said:

OP should still answer the DS-160 questions accurately (i.e. if OP plans to work as a licensed dentist when EAD or GC is received). Since OP is applying for a K-1, these specific questions won't hold any weight (if answered accurately), as per the thread I linked.

Well I'm sure I won't practice dentistry under my EAD or GC. I have to go back to school for 2-3 years to practice dentistry plus a specialty program (extra 2-3 years)  so I might just answer "no".