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.
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