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Chris Musillo on Nurse and Allied Health Immigration

EB-2 FOR THE PHYSICAL THERAPIST

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by Chris Musillo


The USCIS has been wildly inconsistent in adjudicating petitions for EB-2 Physical Therapists. But they should not be. 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.


Many foreign schools issue a diploma that says "Bachelors Degree in Physical Therapy". Many of these degree are, in fact, equal to US Masters Degrees and therefore approvable as EB-2 Petitions.


Unfortunately, the USCIS Texas Service Center has a training issue and some USCIS officers are denying these approvable EB-2 Petitions. Their flawed analysis is that since the degree is titled Bachelors Degree, the petition is inappropriate as an EB-2. This is wrong. The legal question isn't the title of the degree but the US educational equivalence.


The most frustrating part of Physical Therapy EB-2 Petitions is the maddening inconsistency caused by the USCIS training issue. Virtually identical petitions will get different USCIS Decision: some denied and some approved. MU Law has several of these petitions on appeal and we are working with AILA to remedy this flawed training problem.


For now, the safer approach is to use the Bachelors Degree plus five years' experience path to a Physical Therapist EB-2 Petition.


Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com or visit us on Facebook.

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Comments

  1. physical therapy assistants's Avatar
    Hello..
    I must say that there are so many benefits one can have while being in the profession of physical therapist. The resource you shared in the post related to it is very nice and useful.
  2. physical therapy nj's Avatar
    Exactly! I totally agree with you.Physical therapists help people who have injuries or illnesses improve their movement and manage their pain.A physical therapist can help you move freely again without pain and discomfort and feeling renewed and ready to move on.
  3.  Physical Therapy Supplies's Avatar
    Physical therapy is a great work for improving our body and it is a activity which include the physical exercising, lifting, walking and other physical treatments. It is also a treatment of sciatica back pain and medication with regular exercise are doing good work on this. And the advanced levels of physical therapy and other treatment helping in back pain.
  4. natural remedies for ADHD's Avatar
    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.
  5. Khatisha's Avatar
    You can petition thorugh the USCIS like any US citizen but you will have to wait much longer to get your petition approved (longer means several years). +8Was this answer helpful?
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