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    Nurse Notes

    In light of the severe nursing shortage in the United States, the Bureau of Citizenship and Immigration Services has clarified its position on the processing of non-immigrant H-1B visas for nursing positions. The memorandum dated November 27, 2002, titled Guidance on Adjudication of H-1B Petitions Filed on Behalf of Nurses, BCIS stated that certain advance practice nurses, nurse administrators, and certain nursing specialties are eligible for issuance of H-1B. The memo asserts that the certain positions will "generally be H-1B equivalent, if the position requires and the alien has obtained an advanced practice certification." These qualifying positions include:
    1. The first class of nurses who are certified Advanced Practice Registered Nurses (APRNs). Typically, APRNs are required for clinical nurse specialists and the below mentioned.
    2. Clinical Nurse Specialists (CNS): Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women's Health.
    3. Nurse Practitioner (NP): Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women's Health.
    4. Certified Registered Nurse Anesthetist (CRNA); and
    5. Certified Nurse-Midwife (CNM).
    If an APRN position requires the employee to be certified in that practice, the nurse must possess an RN, atleast a Bachelor of Science in Nursing, and some additional, graduate level education. CNSs include Acute Care, Adult, Critical care, Gerontological, Family, Hospice, and 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. Further, the memo reiterates the BCIS' longstanding position that a "nurse manager" is eligible for H-1B classification. Finally, the memo also acknowledges that certain nursing specialties, such as critical care and peri-operative (operating room) nurses that require a higher degree of knowledge and skill than a typical RN or staff nurse position, are eligible for H-1b issuance. It goes on to detail the specializations where, although they are not advanced practiced nurses, as discussed above, they do possess additional clinical experience. Examples of these types of certification examinations are school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology and pediatrics.
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