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THE NURSE IMMIGRATION BOOK

Editors: Joseph P. Curran and Dan H. Berger

Articles by James David Acoba, Stuart Anderson, David Auerbach, Gloria Bazzoli, Sylvia Boecker, Peter Buerhaus, CGFNS International, Sreekanth Chagaturu, Patrick Curran, Esther Fridman, Anneliese Gerland, Michael Hammond, Leslie Holman, Mireille Kingma, Jessica May, Yvette Mooney, Christopher Musillo, Ronald Nair, Phyllis Farrell Norman, Mariah Rutherford-Olds, Carl Shusterman, Greg Siskind, C. Philip Slaton, Douglas Staiger, William A. Stock, Snigdha Vallabhaneni and Christopher Wendt

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TABLE OF CONTENTS

I. FOREWORD : Why A Nurse Immigration Book? By William Stock

II. PREPARING AN IMMIGRATION CASE

  • H-1 Visas For Nurses By Greg Siskind and Esther Fridman
  • TN Status For Nurses By Christopher Wendt
  • Practice Pointers for Presenting TN Applications By Leslie Holman
  • An Outline Of A Typical Nurse Case, Including Consular Processing By Joseph Curran
  • Adjustment Of Status For Professional Nurses By Sylvia Boecker
  • Building International Bridges By Commission On Graduates Of Foreign Nursing Schools (CGFNS International)
  • Tips For Staffing Companies In Planning Their Posting Strategies By Ronald Nair
  • Licensure: US State Licenses For International Nurses By Patrick Curran
  • Immigration Basics For Allied Professional Healthcare Workers By Christopher Musillo
  • Managing Or Achieving Expectations: The Key To Success By Michael Hammond

III. UNDERSTANDING THE NURSING CRISIS

  • Global Issues In Nurse Recruitment By Joseph Curran
  • The Nurse Shortage: Why It Matters By Carl Shusterman
  • Deadly Consequences: The Hidden Impact Of America’s Nursing Shortage By Stuart Anderson
  • Aiding And Abetting - Nursing Crises At Home And Abroad By Sreekanth Chagaturu and Snigdha Vallabhaneni
  • US Visa Policy Competition For International Scholars, Scientists And Skilled Workers By Phyllis Farrell Norman
  • Better Late Than Never: Workforce Supply Implications Of Later Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas Staiger

IV. RECRUITING AND RETAINING NURSES

  • The Business Of Nurse Immigration By Mireille Kingma
  • Recruitment Of Workers In The Philippines: Playing Ball With The POEA By Ronald Nair
  • Successful International Nurse Recruiting By C. Philip Slaton
  • Nurse Assimilation By Yvette Mooney
  • Hospitals’ Responses To Nurse Staffing Shortages By Jessica May, Gloria Bazzoli and Anneliese Gerland
  • Nurse Perspectives Of The Migration Experience By Mariah Rutherford-Olds

V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By James David Acoba

VI. ESSENTIAL REFERENCE MATERIAL: Includes relevant sections of INA, CFR, OI, AFM, FAM and critical USCIS & DoL Memoranda.

EDITORS

Joseph P. Curran has been exclusively involved in the practice of immigration and nationality law since 1985, with experience representing clients in all aspects of this area of law. He has served as counsel to numerous individuals, major corporations, universities, and research institutions, specializing in immigration issues impacting on business and family-based sponsorship in the New England area. Mr. Curran is a member in good standing of the Massachusetts Bar Association, and he currently serves on the Bar's Committee for Immigration and the Bar's Committee for High Technology. He has been an active member of the American Immigration Lawyers Association since 1985, and frequently lectures on immigration law to business groups and academic institutions in the New England area. As a member of the American Immigration Lawyers Association Congressional Liaison Committee, Attorney Curran works closely with U.S. Congressmen and US Senators regarding legislative and regulatory policy. Mr. Curran is also a member of the American Health Lawyers Association and the Labor and Employment Substantive law Committee. In addition, Mr. Curran regularly volunteers his time to support the immigration assistance programs of charitable organizations in the community. He has been featured in major newspapers in the Western Massachusetts area for his efforts in the field of immigration law. After graduating from the State University of New York, Mr. Curran completed his Juris Doctorate at Western New England School of Law. Prior to entering the field of immigration, he worked on the United States Senate Judiciary Committee, writing speeches, drafting legislation and conducting research on the Equal Rights Amendment and Civil Rights legislation.

Dan H. Berger, a graduate of Harvard College and Cornell Law School, has written numerous articles on immigration law, and is a frequent speaker at colleges and universities around the northeast. He won the 1995 American Immigration Lawyers Association (AILA) annual writing competition for an article on INS policies toward international adoptions. Mr. Berger has also been a Senior Editor of the Immigration and Nationality Law Handbook since 2000, was an Author/Editor of the revised National Association of Foreign Student Advisers' Manual (2000), and Editor-in-Chief of Immigration Options for Academics and Researcher (2005). He is currently the Chair of the AILA Publications Committee, and serves on the AILA-Vermont Service Center Liaison Committee. Mr. Berger developed his interest in immigration in college, where he studied immigration history and taught English as a Second Language for adult refugees. He now specializes in serving academic and corporate clients.

CONTRIBUTORS

James David Acoba practices immigration and health law in Los Angeles. He has a degree in medicine from the University of Nebraska, a Master's degree in Human Relations and Business Administration from Webster College, and a J.D. from Western State University. Mr. Acoba was an associate professor of immigration law at his alma mater from 1985-1990. He has served as Chair of the Orange County Bar Association Immigration Section, as Chair of the AILA Southern California Chapter, and as Vice-Chair of the Los Angeles County Bar Association Immigration. He presently serves on AILA's Board of Governors and is a member of the INS Benefits Policy Liaison Committee.

Stuart Anderson is Executive Director of the National Foundation for American Policy, a non-profit, nonpartisan public policy research organization in Arlington, Va. Stuart served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.

David Auerbach is principal analyst, Health and Human Resources Division, at the Congressional Budget Office in Washington, D.C. Gloria Bazzoli is a professor in the Department of Health Administration, Virginia Commonwealth University, in Richmond, and a senior consulting Researcher with HSC.

Sylvia J. Boecker, an attorney in private practice in Virginia, has served as Chair of AILA's Greater Chicago Chapter, President of the Chicago Bar Association Committee on Immigration Law, and Chair of the Health Care Professionals (non-physician) Committee of AILA. She has lectured and written on nurse immigration issues. She has degrees in Latin American Studies from the University of Denver and in Spanish from Oberlin College. Her J.D. is from DePaul University. Ms. Boecker served as a Peace Corps Volunteer in the Philippines.

Peter Buerhaus is director, Center for Interdisciplinary Health Workforce Studies, and the Valere Potter Distinguished Professor of Nursing, Vanderbilt University Medical Center, in Nashville, Tennessee.

Sreekanth Chaguturu, M.D., is a resident in internal medicine at Massachusetts General Hospital and Harvard Medical School, Boston.

The Commission on Graduates of Foreign Nursing Schools (CGFNS International) is an immigration-neutral, nonprofit organization, internationally recognized as an authority on credentials evaluation pertaining to the education, registration, and licensure of nurses and other healthcare professionals worldwide. CGFNS International and its divisions provide products and services that validate international professional credentials and supports international regulatory and educational standards for healthcare professionals. CGFNS International protects the public by ensuring that nurses and other healthcare professionals educated in countries other than the United States are eligible and qualified to meet licensure, immigration and other practice requirements in the United States.

Patrick Curran is Director and CEO of Kennedy Healthcare Recruiting, Inc. He has been involved in the nurse recruitment industry since 1985. Disheartened by the unprofessional and unethical practices of some of the recruiters, he founded Kennedy Healthcare Recruiting with the vision of setting new standards in recruiting foreign nurses. Mr. Curran holds a Masters in Clinical Psychology and a BA in History from Connecticut University. Kennedy Healthcare Recruiting, Inc. is a full service international nurse recruiting firm.

Anneliese Gerland is a health research assistant at HSC.

Michael Hammond is the principal and founder of Hammond Law Group, LLC. Before beginning Hammond Law Group, Mike served as an associate at Benjamin, Yocum, and Heather handling civil trial work. He has practiced immigration law for over seventeen years. His practice focuses on the healthcare and IT sectors.

Leslie Holman practices immigration law in Burlington, VT.

Mireille Kingma, is a Consultant for Nursing and Health Policy with the International Council of Nurses, a federation of 129 national nurses' associations, and recently appointed Director of ICN's International Centre for Human Resources in Nursing. She was awarded a Bachelor Degree in Nursing and has a Master's Degree in Human Resources Development. Her doctoral thesis was focused on Economic Policy: Incentive or disincentive for community nurses? During the past 20 years, she has been responsible for international consultations and training programmes in more than 65 countries. Her current job portfolios include the socio-economic welfare of nurses, work life quality, human resources development, occupational health and safety, care of the older person, refugees, and international trade in health services. Her recently released book, Nurses on the Move: Migration and the Global Health Care Economy, was published by Cornell University Press.

Jessica H. May is a health research analyst at the Center for Studying Health System Change (HSC) in Washington, D.C.

Yvette Mooney is Senior Vice-President of Patient Care Services at South Nassau Communities Hospital in Oceanside, NY.

Christopher T. Musillo is a partner at MusilloUnkenholt Immigration Law. He is a graduate of Villanova University, Villanova, Pennsylvania. When not zealously representing his clients, Chris enjoys outdoor sports, listening to music, traveling and reading.

Ronald Nair has been engaged in Allied Health Care Immigration for the past 10 years and has extensive experience working with health companies doing business in the Philippines.

Phyllis Norman is Vice-president of Patient Care Services at Harris Methodist Fort Worth Hospital in TX.

Mariah Rutherford-Olds is a paralegal with Curran & Berger Immigration Law Offices. Her specialty areas included family-based immigration, consular processing, RN schedule A visas, and working with outstanding researchers and aliens of extraordinary ability to obtain O-1, EB1-1, or EB1-2 classification. Mariah graduated from Smith College in Northampton, MA with a B.A. in English Literature and Women's History in 2006.

Esther Schachter-Fridman is an immigration case manager at Siskind Susser Bland in Memphis, TN.

Carl Shusterman is the principal attorney of the Law Offices of Carl Shusterman, a five-attorney law firm which specializes exclusively in immigration and nationality law. His law firm has immigrated over 5,000 nurses, 1,500 physicians and 1,000 allied health care professionals across the U.S. Mr. Shusterman is also the webmaster of "Immigration: A Practical Guide to Immigrating to the U.S." at www.shusterman.com. His free, monthly, e-mail newsletter has 45,000 subscribers in over 150 countries.

Greg Siskind is a partner with Siskind Susser Bland and has been practicing immigration law since 1990. He received his bachelor's degree from Vanderbilt University and his law degree from the University of Chicago. Greg is the author of several books including the annually published J-1 Visa Guidebook and the soon to be released third edition of the American Bar Association's Lawyers Guide to Marketing on the Internet. In 1994, he created www.visalaw.com, the first immigration law firm web site in the world and is the editor of Siskind's Immigration Bulletin, a newsletter that is distributed to more than 40,000 subscribers each week. Greg was the first immigration lawyer ever photographed for the cover of the American Bar Association Journal and he was recently named by Chambers and Partners as one of the top 25 immigration lawyers in the US. He practices primarily in business and employment immigration and is one of the founders of Visalaw International, the global alliance of immigration lawyers. He also regularly writes and speaks on law office technology.

C. Philip Slaton - the president of The Icon Group. The Icon Group is a noted producer of U.S. and International Job Fairs having produced job fairs in Asia, Canada, Great Britain and Ireland, and the United States for over 10-years. At this writing, Icon has recruited 524 nurses from the Philippines for hospitals across America by way of international job fairs staged in Manila since year 2000. Icon's expertise is in representing healthcare employers to develop international recruiting strategies.

Douglas Staiger is a professor of economics in the Department of Economics, Dartmouth College, in Hanover, New Hampshire, and a research associate with the National Bureau of Economic Research in Cambridge, Massachusetts.

William A. Stock was the recipient of AILA's Joseph Minsky Award for outstanding accomplishments in immigration law and is listed in Best Lawyers in America. He is an associate editor of AILA's annual Immigration & Nationality Law Handbook, and is co-author of the "J Visa Guidebook" from Matthew Bender. Bill has served on the board of governors of AILA and currently serves as a member of the executive committee of AILA's Philadelphia Chapter. He is an adjunct professor of law at Villanova University School of Law.

Snigdha Vallabhaneni, B.A. is a fourth-year medical student at Brown Medical School, Providence, R.I.

Christopher Wendt works for Mayo Clinic, a not-for-profit medical practice dedicated to the diagnosis and treatment of virtually every type of complex illness.

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THE NURSE IMMIGRATION BOOK
Editors: Joseph P. Curran and Dan H. Berger,

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