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FLORIDA
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METRO (DC-MD-VA-NY) |
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US IMMIGRATION UPDATES
LEGAL NOTES / DEC 2006 |
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Proposed Visa Screen Blanket Denial is Unfair |
By Reuben S. Seguritan
A few weeks ago, the Commission on Foreign Nurse Graduates (CGFNS)
announced that it was considering a blanket denial of all Visa
Screen applications filed by the June 2006 Philippine nursing board
passers.
Nurses seeking admission to the US, whether as temporary or as
immigrant workers are required by immigration law to undergo the
Visa Screen certification. The Visa Screen certification process
determines whether the foreign health worker has the requisite
English language proficiency as well as the knowledge and skill for
the job.
The June 2006 Philippine nursing exam scandal became a serious
national concern with good reason. The Philippines had been
positioning itself over recent years as a potential N-CLEX testing
site, but was always bypassed by the National Council of State
Boards of Nursing (NCSBN) on the ground that the Philippines cannot
secure the integrity of the exams. As a result, thousands of
Filipino nurses would still have to travel abroad to take the
N-CLEX—an absurd situation considering nearly half of the NCLEX
test-takers are Filipinos.
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Last year’s fiasco gave NCSBN another reason to bypass the
Philippines as a testing site. This means Filipino nurses would
still incur substantial travel expenses to be able to take the NCLEX
exam abroad. Apparently, the fall-out from the scandal continues to
trouble Batch 2006.
Some groups say they know where the CGFNS is coming from on this
issue. Sure enough, as the sentinel of the gates through which
foreign RNs enter, CGFNS can be expected to be wary of Batch 2006.
After all, CGFNS would not be doing its job if it lets a board exam
cheat enter the US to care for the sick. It cannot be faulted for
doing its job.
On the other hand, a blanket denial would be patently unfair to
those who were not involved in the board exam leakage. There is a
big difference between doing the job and doing it well. Just as it
is the job of the CGFNS to weed out unqualified foreign RNs, it is
also its job to facilitate the entry of competent and highly
qualified RNs who are very badly needed by the understaffed US
healthcare system.
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In the first place, only less than ten percent of the Nursing Board
passers were determined by the Philippine Court of Appeals to have
been involved in the exam leakage. Out of the 45,000 who took the
nursing board exam, 17,000 passed and out of this number, 1,687—most
of whom were from Baguio City and Manila, were ordered by the Court
of Appeals to re-take the nursing board exam.
There is no reason to question this latest attempt to put a closure
to this nursing exam scandal. The finding that less than 10 percent
of the board exam passers were involved in the leak was made by the
Philippine Court of Appeals no less. Why punish the greater majority
of the passers who were not involved in the exam scandal?
Should the CGFNS decide to issue a blanket denial of all Visa Screen
applications, it will be doing more harm than good because in
disqualifying the few who were involved in the nursing exam scandal,
it will also be excluding the many who could provide top quality
nursing care for the sick, the injured and the disabled.
Secondly, the Visa Screen Certification process is strict and
comprehensive. It does not rely only on the foreign RN license. It
covers a battery of tests in English language proficiency as well as
nursing knowledge and skills. It also involves a thorough evaluation
of the foreign nurses’ transcript of records, work experience, and
other credentials besides the Philippine nursing license itself.
Finally, it must be pointed out that the Visa Screen certification
is just one of the duplicative certification processes that foreign
nurses undergo before they can work in the US. Foreign nurses still
have to take the N-CLEX to obtain their RN license in the US. They
also take the CGFNS pre-screening exam to get the CGFNS certificate
that is required to be submitted with the immigrant worker petition
of their sponsoring medical facility.
The CGFNS should study the blanket denial proposal very carefully.
Ultimately, it will be a decision that will affect not just the
future of more than 15,000 promising young nurses, but the
well-being of the US healthcare system that badly needs the services
of foreign nurses.
REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com
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