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Manila, EB2 and Physial Therapists

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Recently, a number of PTís who have been approved by the USCIS under the EB2 visa classification based upon having a Bachelorís degree plus 5 years of progressive experience have been refused an immigrant visa by the Manila post. We have now learned that the IV Chief in Manila has questions about whether a Bachelorís degree plus 5 years of progressive experience qualifies someone for an EB2 visa and has returned some or possibly all similar files to the USCIS for either revocation or re-affirmation. This issue was in doubt for many years with some Service Centers approving EB2 cases under this standard while others refused however, in April of 2000, as a result of a class action lawsuit designated Chintakuntla vs. USCIS, the government signed a joint stipulation acknowledging that a Bachelorís degree followed by 5 years of progressive experience did meet the EB2 standards as being equivalent to an advanced degree and as part of the order signed by a Federal Judge, agreed to re-adjudicate all cases wrongly denied and to follow these guidelines going forward. The USCIS also updated its Adjudicatorís Field Manual to reflect this position. Why this issue has raised its head again in Manila some 14 years after it has been settled is not known. Whether the actions of the Manila post is in violation of the Judgeís order and whether anyone will charge the Post with contempt of court is also not known but, legal action is being considered by several stakeholders. This was previously posted on HLG's Healthcare Immigration Blog by Mike Hammond http://hammondlawgroup.com/healthcareblog/

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