Special to the Filipino Reporter

Transcription

1 Special to the Filipino Reporter A recent New York State bill sponsored by Democratic Assemblyman Joseph Morelle, Republican Sen. James Alesi and other legislators seeks to further professionalize nursing in the state. Specifically, registered nurses would have to earn a baccalaureate degree in nursing (BSN) within 10 years to continue working in the state. But it does not require nurses who seek to enter the profession to hold a BSN now, in order to obtain licensure. The bill is a result of the national movement to increase the minimum education standards for 1 / 5

2 nurses. The U.S. nursing community appears split on this issue. While many nurses are lobbying against the bill s passage, a great many others in the nursing community champion the overall increase in minimum education standards. The bachelor s of science degree in nursing within 10 years movement known as the BSN in 10 initiative is supported by health care organizations and nursing associations. It seeks to resolve a significant concern in the industry. While the U.S. baby-boomer population ages and creates an explosion in the demand for eldercare providers, there are not enough qualified nurses to meet that demand. Presently, most registered nurses (RNs) hold only an associate s degree. Incredibly, there is no state that actually requires a BSN as a minimum education level to enter the profession. But any nurse or other healthcare professional familiar with this occupation will quickly attest to the need for specialized knowledge and skills to perform many of the complex duties demanded in the profession today. There is no debate regarding the rampant shortage of qualified nurses in the U.S. to care for the existing and growing population. 2 / 5

3 Indeed, many U.S. workers and students have recognized the career opportunities in nursing and are entering this profession. But even with this influx of U.S. workers, nearly all in the industry agree that a severe nursing shortage will persist unless more foreign nurses are authorized to work in the U.S. Foreign nurses are permitted to reside and practice their profession in the U.S. through a limited number of temporary work visas and permanent immigrant visas (m/c/k/a green cards ) whose availability remains scarce. But if this bill succeeds, there will be a surge in the number of foreign nurses entering the New York State nursing profession. At present, there are thousands of overseas nurses desirous of coming to the U.S. to practice their profession. However, the lack of a BSN minimum education requirement and the current U.S. immigration law prohibits all but a select few foreign nurses to achieve this goal. The BSN minimum education requirement and the resulting customs and practices of certain employers in New York State should allow a greater number of foreign nurses holding a BSN in nursing or foreign degree/work experience equivalency to secure H-1B temporary work visas through a petitioning employer. This would be a welcome result for the New York State healthcare system and the countless foreign nurses and their families who wish to immigrate to the U.S. Nursing is fast becoming another profession-in-transition in U.S. immigration law parlance. 3 / 5

4 It is not unlike the transition that the physical therapy industry experienced this past decade when a master s degree officially became the minimum education standard for entry into the profession. But, again like the physical therapy industry, the initial years of this transition will require compelling arguments from the petitioning employer to convince the U.S. Citizenship and Immigration Services (USCIS) that a BSN is, in fact, required for the nursing position sought to be filled by the foreign nurse. Such arguments must be artfully crafted and carefully articulated by the lawyers building the case. But if presented properly, ultimately, the USCIS must follow the industry and the employer s standards, allowing foreign nurses to more easily immigrate to and work in New York State and the U.S. *** Atty. Rio M. Guerrero is a founding partner of the renowned immigration law firm Guerrero Yee LLP. He is also an Adjunct Professor at The CUNY School of Professional Studies in Manhattan, where he teaches complex U.S. immigration law to other attorneys, paralegals and community leaders. He is the founding and a current Chair of the Asian American Bar Association of New York s Immigration Law Committee. He also serves on the National Committee for Healthcare Professionals and Physicians of the American Immigration Lawyers Association. 4 / 5

5 Additionally, he has served as an immigration legal expert witness in the New Jersey State court system. During his many years of legal practice, Atty. Guerrero has successfully represented thousands of clients in a wide range of immigration and nationality matters. You may contact Atty. Guerrero directly at (646) or him at [email protected] m You may find his law firm s advertisement on page no. 9 in The Filipino Reporter each week. The above information is not, nor intended to be, legal advice. Nothing within this publication creates an attorney-client relationship with the reader. Applicability of the legal principles discussed above differs upon individual facts and circumstances. 5 / 5