Thu, Jul 29th, 2010

PHYSICAL THERAPISTS

I.  NONIMMIGRANT OPTIONS

A. Physical Therapists May Qualify for TN Professional Status

A physical therapist (PT) who is a Canadian or Mexican citizen can qualify for TN professional status under NAFTA, the North American Free Trade Agreement.  NAFTA creates special economic and trade relationships for the United States, Canada and Mexico.  The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States.  Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

Although there is no limit to the amount of time a foreign professional may remain in TN status, the job offered must remain temporary.  In addition, since TN status is only authorized in one year increments, status must be renewed annually.

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join TN Professionals may receive a derivative TD visa.  Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada.  Spouses and children cannot work while in the U.S.  They are permitted to study.

General Requirements:

• The PT must have a baccalaureate or licenciatura degree or a state/provincial license.
• The PT must have a health care certificate from a USCIS approved credential agency.

Note.  Requirements for TN professionals do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

To learn more about becoming licensed in the State of California, visit www.ptb.ca.gov.

To learn more about getting a health care certificate, visit: www.fccpt.org.

B. Physical Therapists May Qualify for H-1B Professional Status

PTs can generally qualify for H-1B professional status because the normal minimum requirement to perform the duties of a PT is a bachelor’s degree.  The H-1B category applies to foreign individuals performing temporary services in a specialty occupation which requires specialized knowledge generally obtained from the attainment of a bachelor’s degree.

Ordinarily, the foreign worker is permitted H-1B status for six years.  Furthermore, dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled derivative H-4 status allowing them to enter and remain in the U.S. for the validity period of the principal H-1B worker.  H-4 status holders are not permitted to work but may attend school.

Moreover, H-1B workers may also be petitioned by their employer for permanent employment.  This will allow the foreign worker to adjust his or her H-1B temporary worker status to that of a Lawful Permanent Resident.

General Requirements:

• The PT must have the equivalent of a bachelor’s degree in physical therapy.
• The PT must have a license to practice in the state of intended employment.
• The PT must have a health care certificate from a USCIS approved credential agency.

To learn more about becoming licensed in the State of California, visit www.ptb.ca.gov.

To learn more about getting a health care certificate, visit: www.fccpt.org.

II.  IMMIGRANT OPTIONS

Because there is a shortage of qualified PTs in the U.S., foreign PTs may obtain their green cards much faster than most other employment-based cases.  Since the U.S. Department of Labor has already determined that the U.S. has a shortage of qualified PTs, foreign PTs do not have to undergo the process known as Labor Certification before applying for their Green Cards.  Instead, foreign PTs may apply directly to USCIS for an employment-based Green Card, saving them the hassle, time and money of Labor Certification.

Unless the PT was born in a country currently affected by the EB-3 Retrogression (Philippines, India and mainland China), if the PT is currently in the U.S., he or she may concurrently apply for Adjustment of Status to Lawful Permanent Resident with the employment-based immigrant petition.  This means that the PT could remain in the U.S. and receive a work permit and travel document while waiting for the immigrant petition to be approved.

General Requirements:

• The PT must have the equivalent of a bachelor’s degree in physical therapy.
• The PT must have a license to practice in the home country.
• The PT must have a license to practice in the state of intended employment or a letter from the state licensing department indicating the PT is qualified to sit for the licensing exam upon entry.
• The PT must have a health care certificate from a USCIS approved credential agency before final adjudication of the petition.  Note. The healthcare certificate (VisaScreen) is not required when filing the Application for Adjustment of Status application.  The certificate only needs to be presented prior to USCIS’s final adjudication of the application. 

To learn more about becoming licensed in the State of California, visit www.ptb.ca.gov.

To learn more about getting a health care certificate, visit: www.fccpt.org.