Reasonable Accommodations Required for Professional Licensing | IL

 Posted on September 12,2024 in Immigration

Although immigration issues can sometimes hinder those who are attempting to better their lives by obtaining a professional license, the state of Illinois has taken steps to stop that from happening. A new law recently signed by Governor J.B. Pritzker serves two purposes. First, undocumented immigrants may keep a professional license earned and issued in the state of Illinois. This is true regardless of immigration status. Second, reasonable accommodations must be made for applicants whose primary language is not English when those applicants take professional licensing exams in the state.

Under HB 5457, the Illinois Department of Financial and Professional Regulation may not suspend, revoke, or take other actions against a professional license holder based solely on real or perceived immigration status. While there are certain qualification requirements, proponents of the bill believe many IL communities can benefit from behavioral health professionals who can communicate in different languages. If you have questions regarding HB 5457 or have other immigration questions or needs, an experienced Lombard, IL immigration lawyer from Mevorah & Giglio Law Offices can assist you.

Additional Details Regarding Illinois HB 5457

HB 5457 amends the Clinical Social Work and Social Work Practice Act to grant applicants for whom English is a second language additional time while taking the exam. The applicant must submit a request for extra time, state that English is his or her second language, and provide additional information.

The entity administering the exam may allow extra time to complete the exam if it is available. The Department of Financial and Professional Regulation is prohibited from reprimanding, refusing to issue or renew, suspending, placing on probation, revoking, or taking other actions against a licensed clinical social worker based solely on a violation of immigration law or policy.

Currently, more than 4.8 million Illinois residents live in an area with a shortage of mental health professionals. These areas have approximately 13.8 mental health professionals per 10,000 residents. Mental health issues are widespread in today’s society, so any measures that allow mental health professionals to continue helping those who need it most is a positive step forward.   

In What Other Ways Does Illinois Help Undocumented Immigrants?

Illinois is well-known for helping its undocumented residents, including DACA recipients. Eligible undocumented residents were given access to state financial aid, driver’s licenses, state identifications, in-state tuition, and professional and occupational licensing rights in many professions.

To be eligible for in-state tuition, the student must reside with his or her parents or guardians while attending high school for at least three years. The individual must receive his or her high school diploma or equivalent and sign an affidavit stating that as soon as he or she is eligible, an application for permanent residency will be filed.   

Illinois HB 2691, signed into law in 2019, allows undocumented students and DACA recipients to access college and university financial aid for those who have met in-state tuition requirements.  In 2015, Senate Bill 0023 granted authority to the Illinois SC to allow DACA recipients who meet all other requirements and criteria the ability to receive a license to practice law in the state. The applicant’s request must be approved by DHS, the applicant’s DACA must not be expired, and the applicant must have a current employment authorization document issued by the USCIS.

Contact a DuPage County, IL Immigration Attorney

With more than four decades of serving the needs of immigrants throughout Northern Illinois, attorney Steven H. Mevorah has a vast working knowledge of federal agencies that deal with immigration issues. If you need a visa, are facing removal and deportation, or have a criminal issue impacted by immigration status, a Naperville, IL immigration attorney from Mevorah & Giglio Law Offices can help. Contact us today at 630-932-9100 to schedule a free consultation.