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Chris Musillo on Nurse and Allied Health Immigration

USCIS UNHELPFUL ON EB-2s FOR PHYSICAL THERAPISTS

Rating: 4 votes, 5.00 average.
by Chris Musillo

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.

Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us onTwitter.

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  1. Someone12's Avatar
    "unhelpful"...which means USCIS doesn't buy into some phony diploma or credits from some third world 'university'...there would be few American citizens whose experience in this field would rise to the EB2 level, let alone a collection of former bar 'hostesses' from the Philippines who allegedly took some courses on the subject....of course, the immigration attorneys who are whining are only doing so because they just want more billable hours filling out simple forms on behalf of these so-called 'extraordinary' 'therapists'...and if USCIS refuses to believe their 'creative' cover letters, well, that's just money they couldn't extract from those 'applicants'...and just why are immigration attorneys so keenly interested in selling out American jobs to folks who would gladly work for 25 cents on the dollar (compared to their American counterpart)? Yep....billable hours....nothing else matters. Hey, I've got an idea...if these attorneys are so concerned that therapists from the PI can't get work visas, how about Filipino immigration attorneys instead? Wow! I think anyone from the PI who can spell immigration is instantly qualified for an EB2 visa....hey AILA....would you help those folks as well? (oops....struck a nerve there, I guess!)
  2. CMusillo's Avatar
    @ Someone12 - Your post is riddled with inaccuracies and nonsense. These people pass the US NPTE exam. The earn prevailing wages. Non-US attorneys are allowed to come to the US and do qualify for EB2s.
  3. pilates's Avatar
    Welcome to, Fitness and Pilates products for the home studio and professional studios alike, including Pilates Reformers, treadmills, bikes, trampolines, Body Bars, steppers, inversion machines, strength training equipment, DVDs, mats and more! Call today 800-687-5199!<b>physical therapy</b>
  4. SomeonesJealous's Avatar
    Quote Originally Posted by Someone12
    "unhelpful"...which means USCIS doesn't buy into some phony diploma or credits from some third world 'university'...there would be few American citizens whose experience in this field would rise to the EB2 level, let alone a collection of former bar 'hostesses' from the Philippines who allegedly took some courses on the subject....of course, the immigration attorneys who are whining are only doing so because they just want more billable hours filling out simple forms on behalf of these so-called 'extraordinary' 'therapists'...and if USCIS refuses to believe their 'creative' cover letters, well, that's just money they couldn't extract from those 'applicants'...and just why are immigration attorneys so keenly interested in selling out American jobs to folks who would gladly work for 25 cents on the dollar (compared to their American counterpart)? Yep....billable hours....nothing else matters. Hey, I've got an idea...if these attorneys are so concerned that therapists from the PI can't get work visas, how about Filipino immigration attorneys instead? Wow! I think anyone from the PI who can spell immigration is instantly qualified for an EB2 visa....hey AILA....would you help those folks as well? (oops....struck a nerve there, I guess!)
    I work as an Occupational Therapist and also worked as a Rehab Manager, and yes, I am an immigrant although not from the Philippines. Your statement that these immigrant workers take less pay is very wrong. In fact, most of the immigrant therapists working in the facilities I've managed are actually earning more than their American counterparts. Therapists may not be a representative of the whole immigrant population, but one of the reasons they earn more is because they tend to stay with an employer for longer periods, thereby earning raises on an annual basis. I'm sad to say, most of their American counterparts move from one job to the next, because most of them are almost always unhappy with one reason or another. They're always calling in (because their child was 18th in the spelling bee ( but guess what? First to 10th place were children of immigrants), or because their dog died and they have to take a week off for mourning) or getting some kind of injury (most of them not work-related, sometimes from skiing, sometimes from drinking, sometimes from working out too much in the gym). Most native workers in my experience want half the caseload as other non-native workers, yet still expect to be commended for their work ethic and their tireless pursuit of frequent trips to Starbucks or Whole Foods. So if you have a therapist willing to see 5-7 patients a day versus one willing to see 3-4 patients a day, who would you pick? And they're both paid practically the same hourly amount. If you have a choice between the one who comes in on holidays for extra pay versus the one who has to go to Ensenada every three weeks to party?

    If you still don't see my point, try watching American workers at a Corvette plant (yes, I took a tour to buy one, and I swear I saw a majority of union workers there do nothing all day but put a piece of paper inside the trunk of each car coming off the assembly line, and you consider that work?) versus Japanese workers at a Toyota plant. I would say, the days of American grit and hard work are long gone, and the newer generations have been spoiled so much by baby boomers that they're just holding on to the delusion that they're just like their ancestors who tamed the American frontier. And one more thing, I also disagree with your statement about "bar hostesses" in the Philippines to be to very ignorant - the best "bar hostesses" I've met who pretend to be everything from your maid to your nurse to your doctor (complete with costumes and roleplay) are AMERICAN!
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