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H-1Bs for Nurses: What's the Magic Combination?
First in a Series
As the clock is ticking on the H-1B quota, USCIS informed
there are more than 9,000 H-1B numbers still available, but remember that 6,800
of these numbers are reserved for citizens of Chile
and Singapore
under the Free Trade Agreements that the USA
has with these countries. The real amount of remaining H-1B numbers is only
about 2,600. The H-1B cap could be reached early in December.
Our phone has been
ringing off the hook with last minute questions and requests for expedited handling. Our healthcare clients who are eternally
waiting for nurses in the retrogression pipeline want to file H-1B cases for
desperately needed nurses. They ask,
"Why does it seem so complicated - most of our foreign nurses who are onboard, and those we want
to hire, already have BSN degrees?"
Registered Nurses are generally
not eligible for H-1B visas because all states permit nurses to be licensed
with less than a 4 year bachelor's degree.
However, in certain instances, it
may be possible to obtain an H-1B visa for a nurse where the petitioning
employer can prove the following:
1) A bachelors degree or higher degree or its equivalent
is normally the minimum requirement for entry into the position;
2) The degree requirement is common to the industry for
parallel nursing positions;
3) The employer normally requires a degree or its
equivalent for the position; or the nature of the position's duties is so specialized
and complex that the knowledge required to perform the duties is usually
associated with the attainment of a bachelor's or higher degree or its
equivalent.
What Positions Qualify and will meet the Requisite Requirements?
Category 1: The first category of nurses who generally
will be approved is the certified advanced practice registered nurse (APRN) category
that includes:
·
Clinical
nurse specialists (CNSs)
·
Certified
registered nurse anesthetist (CRNAs)
·
Certified
nurse-midwives (CNMs)
·
Certified
nurse practitioners (NPs) fall within this category.
If
an APRN position requires the employee to be certified in that practice, the
nurse must possess an RN, at least a Bachelor of Science in Nursing, and some
additional, graduate-level education. CNSs include Acute Care, Adult, Critical
Care, Gerontological, Family, Hospice, Palliative Care, Neonatal, Pediatric,
Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and
Women's Health nurses. NPs include Acute
Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental
Health, Neonatal, and Women's Health nurses.
Category 2: The second category of nurses who may qualify
for the H-1B are those in administrative positions requiring graduate degrees
in fields such as nursing or health administration.
Category 3: A final, more subjective group that may receive
H-1B approval includes those who have a nursing specialty such as critical care
and peri-operative nurses, or who have passed examinations based on clinical
experience in school health, occupational health, rehabilitation nursing,
emergency room nursing, critical care, operating room, oncology, and
pediatrics, ICU, dialysis, cardiology - but who are not APRNs.
In
the above instances, the employer must show that the nature of the particular
position is so specialized and complex that one would normally expect the person
performing the duties to have attained a bachelor's (or higher) degree, or its
equivalent.
What is Required of the
Employer?
1. The employer must offer a position as a Clinical Nurse
Specialist (CNS), Certified Registered Nurse Anesthetist (CRNA), Certified Nurse-Midwife
(CNM), or a Certified Nurse Practitioner (APRN-certified)
Critical Care and the nurse holds the certification
2. The employer must offer a position working in an administrative
position ordinarily associated with a Bachelors Degree, such as Charge Nurse or
Nurse Manager or the more subjective group mentioned above in Category 3.
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Remember, for citizens of Canada
and Mexico, the
TN visa or classification is available under the North American Free Trade Agreement
(NAFTA) as an alternative to the H-1B visa for registered nurses and other
professions listed in NAFTA.
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What 's an Advanced Practice Nurse?
Advanced Practice Nurses (APNs) are Registered Nurses with
advanced diadactic and clinical education, knowledge, skills and scope of
practice. Nurses practicing at this level are often educationally prepared at post-graduate level and may work in a specialist or generalist capacity.
APN's utilize extended and expanded skills,
experience and knowledge in assessment, planning, implementation, diagnosis and
evaluation of the care required. APNs demonstrate more effective
integration of theory, practice and experiences along with increasing degrees
of autonomy in judgements and interventions.
APNs form the basis for the role of Nurse Practitioner. The Nurse
Practitioner role is an expanded form of advanced practice nursing which is
specifically regulated by legislation and by professional regulation.
Legislation may allow prescribing and referral, in addition to admitting
privileges to healthcare facilities.
APNs use multiple approaches to decision making; manage the care of individuals and groups; engage in collaborative practices to achieve client outcomes; provide a supportive environment for colleagues; manage the utilization of staff and physical resources; engage in ethically justifiable nursing practice.
Next week we will discuss the Clinical Nurse Specialist and the Certified Registered Nurse Anesthetist.
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If you have any questions
pertaining to this information or are an employer and wish to discuss bringing
H-1B nurses and other healthcare professionals onboard, please contact us for a free
consultation at info@immigrationsolution.net | 562
612.3996. |
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