UPDATE: AILA CONFIRMS NO NEW POLICY CHANGE FOR TN-1 ADVANCE PRACTICE NURSES

Yesterday we posted about a new problem, US CBP officers were denying advance practice nurses’ applications for TN-1 visas.  The reports said that at least one US CBP officer was quoting a “change in policy”.  AILA has now confirmed that there is no policy change.  The law remains:  advance practice nurses qualify for TN-1 visas.

In our blog post, we called on US CBP quickly to clarify whether there was or was not a policy change. To this extent, US CBP acted swiftly and should be commended for their quick action.

DO ADVANCE PRACTICE NURSES QUALIFY FOR THE TN-1 ?

There is a mystery afoot at the northern border.  Last week reputable news organizations, such as the CBC, reported that advance practice nurses were being told that they no longer qualified for the TN-1 visa at the Canadian-Michigan border. 

The TN-1 visa is a visa authorized under NAFTA.  All of the jobs on the NAFTA occupations list are eligible for TN-1 visas.  The NAFTA list is purposely vague.  It does not list job descriptions for the occupations.  Any rational job description includes advance practice nurses under the registered nurse domain.  For instance, the State of Michigan law on registered nursing, includes advance practice nurses as a subset of registered nurse.  Advance Practice nurses have been using the TN-1 for 20+ years.

US Customs and Border Protection has been silent on the issue.  Immigration attorneys are unsure if the denials are based on one rouge officer’s mistaken understanding of law, or if it is a policy-wide decision.

Either answer is problematic.  If it is a rogue officer, then the US CBP ought to acknowledge their error, re-train the officer, and announce that advance practice nurses are eligible for the TN-1.  

If not, the administration ought to explain the rationale behind its policy-decision.  The administration’s own Department of Labor says that for US workers, ”job opportunities for advanced practice registered nurses are likely to be excellent.”  Protectionism may be a valid policy argument in some areas, but plainly not for advance practice nurses, who are the forefront of treating American patients. 

KNOWN EMPLOYER PROGRAM FOR CANADIAN COMPANIES

By late 2015, The Department of Homeland Security (DHS) is expected to launch a test program with the Canadian government. The initiative is designed to streamline adjudication of certain types of employment-based immigration benefit requests filed by eligible U.S. employers. Essentially, the goal is to aid U.S.– Canada business travel.  

The pilot program emerged under the U.S. and Canada Beyond the Border initiative. The latter allows both countries to work together to address threats within, at, and away from their borders, while expediting lawful trade and travel. And in doing so, the pilot program furthers the binational commitment under the North American Free Trade Agreement.

The Known Employer program will facilitate legitimate cross-border business travel along the northern border ports of entry. Specifically, the program targets to: 

• Make adjudications more efficient and less costly.
• Reduce paperwork and delays for both the department and U.S. employers who seek to employ foreign workers.

This is not the first program of its kind. The DHS has initiated a trusted employer concept in the Philippines with its Priority Interview Program and  Business Executive Program in India.