ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Chris Musillo on Nurse and Allied Health Immigration

Healthcare Immigration Primer: Occupational Therapists

Rate this Entry

by Chris Musillo



TEMPORARY OPTIONS: Occupational Therapists are eligible for H-1B status because the position requires at least a Bachelor's degree. H-1B status provides temporary employment authorization in the United States for individuals from any country for any specialty occupation. A Specialty occupation is one which normally requires at least a Bachelor's degree or the equivalent.

An Occupational Therapist who is a Canadian Citizen is eligible for TN status. [Note: Residency status in Canada is not sufficient for TN eligibility.] TN status is available to Canadian citizens with an offer of employment in the United States in one of forty-three (43) listed occupations.


GREEN CARD OPTIONS: Occupational Therapists have not been designated as a Schedule A occupation, and therefore they are not exempt from the labor certification process ("PERM"). Therefore, the green card process for an Occupational Therapist will require PERM labor certification process followed by either Adjustment of Status or a Consular Interview.

Because the first professional degree required for licensure as an Occupational Therapist in the United States is evolving, some Occupational Therapist positions are eligible for EB-2 classification while others are only eligible for EB-3 classification. The EB-2 category is the immigrant visa classification for positions requiring at least an advanced degree (Master's degree or higher) or a Bachelor's degree and five years of progressively responsible experience. The classification is relevant to when an immigrant visa is available. Generally speaking there is no backlog for EB-2 visas for most countries (excluding India and China) and thus an immigrant visa can be obtained "immediately" as soon as the normal case processing is completed. In contrast, obtaining an immigrant visa for an individual filing in the EB-3 classification is currently a lengthy process which takes between four to seven years.


CURRENT ISSUES: Filing EB-2 applications is difficult, although these can be approved in some instances where the employer requires a Bachelors degree and five years of progressive experience or the employer requires a Masters degree.


To read the full Healthcare and Immigration Law Blog, visit www.musillo.com or www.ilw.com.

 

Read the full Healthcare Immigration Primer here.

Submit "Healthcare Immigration Primer: Occupational Therapists " to Facebook Submit "Healthcare Immigration Primer: Occupational Therapists " to Twitter Submit "Healthcare Immigration Primer: Occupational Therapists " to Google Submit "Healthcare Immigration Primer: Occupational Therapists " to StumbleUpon Submit "Healthcare Immigration Primer: Occupational Therapists " to Reddit Submit "Healthcare Immigration Primer: Occupational Therapists " to Digg Submit "Healthcare Immigration Primer: Occupational Therapists " to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. Green Card Visa's Avatar
    It is odd that Occupational Therapists are not eligible for H1-B status, especially considering the incredible demand for those positions. I would think that the government would want to fill positions that the country is behind in, rather than ones that American workers are able to readily fill. This would be the perfect occupation to make eligible, but I think common sense rarely dictates policy.
  2. Chris Musillo's Avatar
    @Green Card Visa- OTs are elgible for the H-1B. I'm not sure where you got a different impression. See the first sentence of the write-up.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: