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Listserv Q&A for
"Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)"

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Question:

I understand the grace period until Sept 2004 with respect to NIVs and visa screen but I was not sure I understood the statement that notwithstanding this waiver, any time a non immigrant nurse seeks to extend her visa, she will need the visa screen. So if I have a TN currently in the US and the hospital gives her a letter to extend her visa another year i.e. Sept. 30, 2003 to Sept. 30, 2004. When she goes to the border to get a new TN, will she need the visa screen or will she be covered by the waiver since it is within the grace period?

Answer by Michael Hammond:

The so-called grace period is only until July 2004 not Sept. The question of what will occur at the border has not been answered yet. an argument can be made that the waiver is applicable for multiple entries however, the border make take the opposite approach. I would not allow a TN client of mine to travel without the visa screen after July 2004 unless there was additional and specific guidance from the DOS/BCIS in the interim.


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