Thursday, November 1, 2012

EB-2 FOR PHYSICAL THERAPISTS

As we have blogged about in the past, the USCIS' inconsistently adjudicates EB-2 petitions for Physical Therapists.   The law is straightforward. If the position requires an Advanced Degree, then EB-2 Petition should be approved. An Advanced Degree is a US Master’s Degree, the foreign equivalent of a US Master Degree, or a Bachelors Degree and five years of progressive work experience.

If the FCCPT or another credible educational evaluator finds that the Beneficiary’s foreign education is equal to a US Masters Degree, then the EB-2 Petition should be approved, since all US employers effectively require an Advanced degree as their minimum requirement for entry into the petition.

The USCIS recently addressed the applicability of FCCPT educational evaluations:

Response: USCIS considers FCCPT evaluations. However, these evaluations are not binding on USCIS. USCIS will continue adjudicating these filings on a case by case basis. Whether the physical therapists are indeed eligible for EB-2 classification depends on the individual facts of each case. 

MU Law has been working with AILA on this issue for about one year, helping AILA frame the issue for the USCIS.  While the specific language of this Reply is less than ideal, we’re optimistic that the USCIS is beginning to understand the value and credibility of an FCCPT evaluation.  We expect to see more favorable evaluations for properly prepared I-140 EB2 Petitions in the future.

2 comments:

  1. Hi Chris!
    With the recent changes in the US BLS Occupational Handbook as of April 6, 2012, it states that the entry-level education for Physical Therapist is Doctoral or professional degree. Do you think an EB-2 petition under the advanced category for a foreign PT who earned a DPT degree (transitional) will merit approval of the I-140? What are your thoughts?

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  2. Hello Mr. Musillo,

    I have an embassy interview next month at the embassy. Is this issue still ongoing? Any news and updates on this? I would to hear on other PTs out there who can give advices and suggestions. I have 3 years of clinical experience under my belt.

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