Thursday, October 23, 2014

USCIS UNHELPFUL ON EB-2s FOR PHYSICAL THERAPISTS

The October 9, 2014 USCIS Headquarters Question and Answer session with AILA included a lengthy discussion on the issue of EB-2s for Physical Therapists.  The discussion was unhelpful and did nothing to make progress son this issue. 

This issue is that the USCIS refuses to acknowledge that the five year, 150+ credits Philippine degree is equal to a US Master’s Degree in spite of incredible evidence.  The USCIS’ refusal to do so means that Philippine Physical Therapists must file for an EB-3.  We have blogged on this topic in great detail.

This recent USCIS Q&A shows the USCIS’ obtuseness on the issue.  Instead of articulating a common standard, the USCIS says,

Rather than make a blanket statement regarding the merits of degrees evaluated by the FCCPT to be the equivalent of a first professional degree in physical therapy in the United States, USCIS will analyze the educational credentials of foreign workers practicing physical therapy on a case by case basis with due consideration being given to all submitted materials as well as to other credible resource material.

“Case by case basis” is legal code for “we have no standard.”  It simply is not that difficult analysis.


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