Thursday, November 10, 2011

EB2 FOR PHYSICAL THERAPISTS

For many non-Indian and non-Chinese natives, the EB-2 Permanent Residency visa (green card) provides a fast and cost-effective alternative to the H-1B process. The EB-2 also allows for a much faster green card process when compared to the EB-3 Permanent Residency process.

The EB-2 is available when the employer requires a Masters Degree for entry into the position and the Physical Therapist holds a Masters Degree. USCIS regulation says that a Masters Degree is equivalent to a Bachelors Degree and five years of progressive experience.

MU Law has successfully applied for the EB-2 for many Physical Therapists who have five years of progressive experience in occupation after the attainment of their Bachelors degree.

The USCIS has been inconsistent in their adjudication of Physical Therapist EB-2 Petitions when the Therapist holds an FCCPT “first professional degree” evaluation. The inconsistency largely is due to some degree being titled, Bachelor Degree, when in fact, these degrees are equivalent ot a US Masters Degree.

Legally speaking, the USCIS ought to be approving these Petitions since the independent FCCPT evaluations equate the Physical Therapists foreign degrees to a US Masters Degree. FCCPT is a premier credentialing evaluator for Physical Therapists. In May 2010, its FCCPT Type I Certification was re-certified by the USCIS until 2015. CGFNS offers a similar certification called the Visa Screen. CGFNS is also a premier credentialing evaluator for Physical Therapists.

MU Law successfully has filed many EB-2 Petitions for many Employers and Therapists. These Petitions are not simple filings, but require a substantive legal analysis of the employer’s hiring practices and the Therapists’ educational background. If you are interested in having an MU attorney review your matter for applicability as an EB-2 Permanent Residency green card, please contact Chris Musillo or Cindy Unkenholt.

5 comments:

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  2. What is the status of the denial trend for eb2 applications based on fccpt type 1 master's equivalency?

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  3. The creation of a grandfathered PT class of physical therapists means they don't necessarily have a master's degree and don't necessarily qualify for EB2 status.
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