Nonimmigrant Options For Therapists
Nonimmigrant Options For Therapists
Nonimmigrant Options For Therapists
INTRODUCTION
As the American "Baby Boom" population approaches "Senior Citizen" status, more and more Americans require physical therapy. At the same time, health care providers have a lack of qualified, U.S.-born physical therapists. Thus, it is quite common for Immigration Lawyers to be retained by foreign-born physical therapists educated in or out of the United States, and by the hospitals and clinics desiring to hire them.
This article servea as a basic primer. This article will assume basic knowledge to file an H-1B (foreign workers from certain countries can also consider H-1B1, TN, or E-3) or immigrant visa petition (I-140), and will focus on the differences in filing applications for physical therapists from other employment-based occupations. Unlike professional nurses, physical therapists do qualify for H-1B status and can be brought quickly to the United States provided licensure, credentialing, and Sec. 343 Certificate (also known as Visa Screen or FCCPT Certificate) steps are taken early and there is a visa available. Like other employment-based petitions, it is especially critical for physical therapy clients to have high-quality, certified copies of all educational and licensure documents. These will be required throughout the process, and submitted to several governmental offices and licensure agencies. For some phases of the process, boards of authority only accept records and transcripts directly from the source, but having solid working copies is a must. Physical therapists and health care facilities both should be informed that the costs of immigration are greater than non-health care positions. Additional fees for licensing exams, English language tests, preparation courses, licensing applications, credentials evaluations, the Sec. 343 Certificate, and possible recruiting agency fees all add up.
NONIMMIGRANT OPTIONS
For the physical therapy client who wants to apply in a nonimmigrant category, there are several options--the H-1B classification, the H-1B1 classification for clients from Singapore or Chile, the E-3 classification for clients from Australia, and the TN classification for clients from Canada or Mexico. Physical therapists fit well into all of these categories, and each offers its own set of advantages and disadvantages.
H-1B/ H-1B1/ E-3 Classification
According to data compiled by the U.S. Department of Labor, the second highest number of job openings certified under the H-1B program is for the occupation of therapist. Physical therapists comprise the largest component of that occupation. Therapists must also address the licensing issue in the state of employment and the Sec. 343 Certificate issue. Since state licensure examinations are only given in the United States, the physical therapist who is overseas must complete all of the licensing steps except the final one of taking the test and may be eligible for a temporary license in many states. He or she may also enter in H-1B status as a physical therapy intern or assistant working under the direct supervision of a licensed physical therapist to obtain a Social Security number and sit for the state licensing exam. It is helpful to include a letter from the state licensing board that all steps are completed to sit for the test, and this can be done shortly after entry into the United States.
The Neufeld Memo of March 21, 2008 updated the Adjudicator's Field Manual and provided further guidance to USCIS Officers on the adjudication of H-1B petitions where the beneficiary does not yet have a license and provides for a temporary approval of one year. A possible drawback for physical therapists (as with all other licensed occupations) in H-1B status is the issue of portability and state licensure. H-1B1 classification is available to PT's who are citizens of Chile or Singapore and E-3's are available to citizens of Australians subject to their separate quotas. Both programs have the same licensure requirements as discussed herein. The Sec. 343 Certificate requirement equally applies as this is occupation-specific and not visa-classification specific. The details of these programs are beyond the scope of this article.
CANADA AND MEXICO/TN CLASSIFICATION
For physical therapy applicants from either Canada or Mexico, TN classification can be an attractive option. The requirements for the TN are very similar to those for an H-1B, but there are significant differences between them. The TN application may be presented at the border and obtained instantly or can be obtained as a change of status from within the U.S. while in another valid status. TNs are not subject to an annual cap, so availability should not be a concern. The TN can be renewed indefinitely, whereas the H-1B is limited to six years (unless the permanent residency process is far enough along), and unlike the H-1B, there is no prevailing wage requirement for the TN. Specialty occupation is generally presumed if the occupation is listed on Schedule 2, whereas in an H-1B petition, practitioners must demonstrate that the position qualifies as a specialty occupation. TN classification is now granted for three years.
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