Application | CGFNS Alliance

Introduction

The Alliance for Ethical International Recruitment Practices (Alliance) is a non-profit organization whose purpose is to ensure that all foreign-educated professionals are recruited in a fair, ethical, and transparent manner for employment in the U.S. In 2009, the Alliance launched the Voluntary Code of Ethical Conduct for the Recruitment of Foreign-Educated Health Professionals to the United States, which was developed by stakeholders with different perspectives across the health care sector and defines fair and transparent recruitment practices. In 2017, this code was updated and is now called the Health Care Code for Ethical International Recruitment and Employment Practices (the “Code”). Link to Code

In 2010, the Alliance established a certification program for organizations that recruit foreign-educated health professionals (FEHPs) that demonstrate that their recruitment and employment practices fully conform to the tenets of the Code. Such organizations include temporary staffing firms, placement firms, and health care providers. This Certification Application sets forth the requirements for certification. Organizations interested in obtaining certification should complete the application and submit it along with the specified supporting documentation to the Alliance for review. If approved, the organization is authorized to use the Alliance’s Certification Seal in its recruitment efforts.

Any information provided in the application process will be kept completely confidential – the Alliance strictly protects any proprietary information disclosed by your organization.

Eligibility

Do you recruit to the US?

Yes

No

Your firm is not eligible for Alliance certification at this time. The Alliance only certifies firms that recruit to the United States

Have you been actively recruiting health care professionals in the past 3 years?

Yes

No

Please contact staff@cgfnsalliance.org for more information on your eligibility.

Instructions

COMPLIANCE WITH THE CODE

This part requires demonstration of compliance with the Code. For each section, please complete the form to describe and provide documentation with respect to how your organization complies with the specified provisions in the Code. If any of your organization’s practices do not comply with the provisions in the Code, please explain in the space provided the discrepancy or any potential issues.

COMPLIANCE WITH THE ALLIANCE MONITORING PROGRAM

The Alliance Monitoring Program is how the Alliance monitors an organization’s compliance with the Code. This section requires that you describe how your organization will operationalize participation in this program.

In addition, the Alliance requires your organization to provide the number of health professionals in your organization’s recruitment pipeline (referred to in our materials as “benchmarking data”). These data provide the Alliance with a starting point and frame of reference for assessing your full participation in the monitoring process.

References

You will be asked to please provide names and contact information for two references – preferably recent institutional clients.

Contract Sample

You will be asked to provide a sample copy of the contract(s) that you ask foreign-educated health professionals to sign as part of the recruitment and/or employment process.

Submission Options

The preferred submission option is to fill out the sections of the form on this page. You may also request a paper application by emailing or sending a letter to Mukul Bakhshi, Esq., Director of the Alliance, contact information below:

Email: mbakhshi@cgfns.org

Mail: Mukul Bakhshi, Esq., Director

Alliance for Ethical International Recruitment Practices
CGFNS International
3600 Market Street, Suite 400
Philadelphia, PA 19104-2651

Any questions can be addressed to Mukul Bakhshi at (215) 243-5825 or mbakhshi@cgfns.org. The goal of this effort is to ensure knowledge of and substantive compliance with the Code, which was developed by the Alliance’s multi-stakeholder Board of Governors comprised of employers, recruiters, nurse representative organizations, and labor. The Alliance Director can work with your organization and its particular challenges.

A Note on the Code Structure:

The start of each section of the Code contains a general duty clause (e.g., to follow federal and state laws, to communicate honestly and clearly, to contract fairly and in good faith). Following each of these general principles is a range of specific practices that illustrate the general duty. The statutes, policies, and practices listed are not intended to be exhaustive.

Compliance with the Code: Overview

To be considered for certification, the Alliance requires the following information about and documentation of your organization’s current practices and procedures with respect to key provisions of the Code. Please complete the following application sections and provide the requested explanation or backup documentation.

Please select one the following: *

Our firm is fully compliant with all sections of the Alliance Health Care Code.

Our firm is compliant with the Code generally, but we have questions regarding some sections of the Alliance Health Care Code.

Please explain any issues or questions regarding specific provisions of the Alliance Health Care Code: *

Contact Information:

Name: *

Title:

Organization: *

Address:

City

State/Province

Zip/Postal

Country

Telephone: *

Email: *

Fax:

If you have any questions about the completion of this application, please contact staff@cgfnsalliance.org.

Compliance with the Code: Section A - Recruiter and Employer Accountability

Compliance with the Code: Section B - Migrant Rights and Responsibilities

Compliance with the Code: Section C - Freedom from Discrimination and Retaliation

Compliance with the Code: Section D - Right to Know

Workers shall have the right to be informed about the recruitment process and their rights under U.S. law in a language they understand.

Please describe and/or provide backup documentation indicating how your organization complies with the following provisions in the Code. If there is an applicable provision in the agreement, please cite the provision.

Provide a copy of the Code to the FEHP when a contract is provided to the FEHP.

Ensure all employment agreements contain an optional thirty (30) day open offer to allow recruits time to seek counsel and advice. Please cite the applicable provision(s) in the agreement:

Ensure all employment agreements contain at least a seven (7) day rescission period. Please cite the applicable provision(s) in the agreement:

In recruitment advertising, clearly and specifically indicate the occupational level for which healthcare professional applicants are sought and include the minimum qualifications required for each of those occupational levels. Attach a copy of recruiting material:

Copy of Recruiting Material File Upload

Maximum upload size: 5MB

Provide FEHPs with any and all information related to their immigration case, including but not limited to: case number, priority date, and copies of all documents filed in relation to their case.

Identify the geographic location of the future worksite at the time of recruitment. If third-party recruiters and staffing agencies have not yet determined the future worksite location, this should be fully and clearly disclosed to the FEHP at the time of recruitment. The precise place of employment must be specified in writing prior to the FEHP’s travel to the United States. Please describe this process:

Please provide any other information or documentation that furthers the Alliance’s understanding of your organization’s compliance with the Right to Know provisions in the Code:

Compliance with the Code: Section E - Right to Receive a Contract with Fair Terms and Give Informed Consent

Compliance with the Code: Section F - Right to Move Freely Without Economic Coercion

Workers shall have the right to move freely and change employers while working in the United States, without economic coercion.

Please describe and/or provide backup documentation indicating how your organization complies with the following provisions in the Code. If there is an applicable provision in the agreement, please cite the provision.

When contracts are signed in advance of visa issuance, permit the termination of contracts by FEHPs if deployment is delayed for more than three years from contract execution and all recruitment costs are reimbursed by the FEHP to the recruiter or employer.

Please describe your policy here:

Breach fees should never be used for punitive purposes.

Recruiters’ and employers’ pursuit of breach fees should rely upon good faith and reasonableness, in the circumstances where they are appropriate. Please describe how breach fees are calculated:

In an effort to resolve issues quickly and efficiently, employers or recruiters should establish an internal administrative process to facilitate review of disputes regarding the alleged breach of contracts by either party. Please describe how this is carried out and attach a copy of your grievance policy:

Grievance Policy File Upload

Maximum upload size: 8MB

Green cards, passports, certifications, permits, visas, or other official documents shall not be withheld from FEHP applicants or employees for any coercive purpose.

Non-compete clauses or any other restrictive covenants should be tailored as narrowly as possible and should not restrict the ability to “make a living in one’s chosen occupation.” Please cite any restrictive covenants in your FEHP contract and describe how they are used:

Please provide any other information or documentation that furthers the Alliance’s understanding of your organization’s compliance with the Right to Move Freely Without Economic Coercion provisions in the Code:

Compliance with the Code: Section G - Right to Access Justice

Compliance with the Code: Section H - Right to Freedom of Association and Collective Bargaining

Compliance with the Code: Section I - Right to Receive Support for Clinical and Cultural Integration

Compliance with the Code: Section J - Respect for Sending Countries

Compliance with the Alliance Monitoring Program

Compliance with the Alliance Monitoring Program is demonstrated by ensuring that 100% of both newly recruited health professionals and health professionals in your recruitment pipeline are informed about the Alliance. Before certification is granted companies must:

Provide the Alliance with the number of health professionals in your recruitment pipeline. This does not apply to any health professionals that signed contracts prior to 2016.
Notify all health professionals in your recruitment pipeline via email that you have applied for Alliance Certification.

Required Benchmarking Data

References

Please provide names and contact information for two references – preferably recent institutional clients.

Reference #1

Reference 1: First Name *

Reference 1: Last Name *

Reference 1: Position/Title *

Reference 1: Organization

Reference 1: Mailing Address

Suite/Floor #

City

State/Province

Zip/Postal

Country

Reference 1: Phone Number *

Reference 1: Email

Reference #2

Reference 2: First Name *

Reference 2: Last Name *

Reference 2: Position/Title *

Reference 2: Organization

Reference 2: Mailing Address

Suite/Floor #

City

State/Province

Zip/Postal

Country

Reference 2: Phone Number *

Reference 2: Email

Agree and Submit

By submitting this application you agree to the terms outlined herein, and attest that all information provided is accurate and truthful.