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The H1B for Market Research Analysts: Is It Still Possible?

In the current competitive business environment, where organizations are invariably caught up in a race to grab the attention and interest of customers and converting them to concrete sales, Market Research Analysts have become an important and essential resource of many organizations. They play a key role in helping companies to understand the market and their target customers better. Gathering and analyzing relevant data, they provide vital information to their employers helping them make crucial decisions about the business. The fact that they are employed in diverse industries is indicative of the growing importance of Market Research Analysts in today’s organizational set-up.

While the need and the demand for Market Research Analysts has been growing over the years, U.S. employers hiring foreign national professionals for the position of Market Research Analysts pursuant to the H1B visa classification generally face an arduous task in establishing and proving that the proposed employment of the foreign national professional as a Market Research Analyst satisfies the requirements stipulated for the H1B. USCIS often denies H1B cases for certain occupations observing that they do not fall under the category of specialty occupation, and Market Research Analyst is one among such occupations.

H1B petitions for Market Research Analysts often generate Requests For Evidence (RFEs) and in many cases, results in the ultimate denial of these petitions. This is especially true for small to mid-sized businesses. While H1B for Market Research Analysts for larger or clearly expanding companies fare much better, there is still a great amount of resistance from USCIS. On March 12, 2012, the Southern District of Ohio District Court rejected USCIS’s narrow interpretation of the Department of Labor’s (DOL) Occupational Outlook Handbook (OOH) and directed granting of H1B status to the beneficiary as a Market Research Analyst [Residential Finance Corporation vs. USCIS]. For the benefit of our readers, we present in this article a brief synopsis of the key points laid out by the court in its order, which will be helpful in better understanding the scope of the H1B for Market Research Analysts.

Brief Background of the case:

The plaintiff/petitioner, a mortgage lender, filed an H1B visa petition with the USCIS to employ a foreign national beneficiary as a Market Research Analyst. USCIS requested additional evidence and the plaintiff responded to the same. Subsequently, the H1B petition was denied, and the plaintiff chose to seek a judicial review of the denial before the U.S. District Court instead of appealing to the USCIS Administrative Appeals Office in Washington, D.C.

Key Points in the case:

After concluding that it had jurisdiction to hear and decide the subject matter of the suit, the court proceeded to address the merits of the case (USCIS had tried to argue that the federal courts lacked “jurisdiction” or the authority to review a USCIS decision regarding H-1B. The District Court disagreed). Noting that the plaintiff was entitled to relief if the denial of the petition was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, the court observed that the issue before it was whether USCIS was incorrect in concluding that the case did not involve a specialty occupation.

According to the court’s explanation, USCIS’s reason for denying the H1B petition was that the specific position Market Research Analyst as set forth in the petition was not truly a specialty occupation i.e. a baccalaureate or higher degree in a specific academic discipline was not necessary to be a Market Research Analyst. According to the decision, one of USCIS’s sole basis for denying the petition was that although the Department of Labor’s 2010-11 edition of the Occupational Outlook Handbook (OOH) recognized that a baccalaureate was generally the minimum educational requirement for entry into the professions that involved market and survey research, the OOH did not indicate any specific degree. USCIS argued that the absence of a specific specialty degree requirement for entry into the profession, by definition, meant that the plaintiff’s petition did not meet the standard for specialty occupation. .

Interestingly, the Court points out that USCIS states as a “caveat” that their decision does not necessarily mean that every Market Research Analyst does not qualify as long as the petitioner shows that the position “is one for which the normal minimum entry requirement is a baccalaureate or higher degree, or its equivalent, in a specific specialty closely related to the position’s duties.”

The court observed that the USCIS’s approach was far too narrow. The court rejected the notion that “specialized study” or field means one specific degree. It observed that “[t]he knowledge and not the title of the degree is what is important” and held that “[w]hat is required is an occupation that requires highly specialized knowledge and a prospective employee who has attained the credentialing indicating possession of that knowledge.”

Taking into consideration, among other factors, that:

the beneficiary was a recent graduate who obtained a Bachelor of Science degree in marketing and finance and his course work included financial accounting, spreadsheets, databases, statistical concepts, managerial accounting, marketing behavior, marketing research, and money markets;
the record indicated that a minimum requirement for entry into the position of a Market Research Analyst is the specialized course of study in which beneficiary engaged;
the record included specific job duties, not generic duties as alleged by USCIS; and
the record indicated that a Market and Survey Researcher is a distinct occupation with a specialized course of study that includes multiple specialized fields; the beneficiary had completed such specialized study in the relevant fields of marketing and finance, and that plaintiff sought to employ him in such a position,

the court found that the position in the petition as Market Research Analyst did meet the definition of a specialty occupation.

Considering the record before it, the court observed that USCIS failed to examine all of the correct relevant data, failed to consider the submitted evidence and to articulate an untainted, satisfactory explanation for the denial that rationally connected the facts to the decision, and held that the denial of the petition was arbitrary, capricious, and an abuse of discretion.

Conclusion:

As a testament to market realities and the petitioner’s real business necessity, the District Court here echoed the opinion of business owners and immigration practitioners across the U.S. - that a Market Research Analyst position may qualify as a specialty occupation for H1B if documented evidence establishes, along with establishing other requirements that are necessary for approval of an H1B, that the position is one for which the normal minimum entry requirement is a baccalaureate or higher degree, or its equivalent, in a specific specialty closely related to the position’s duties. However, employers desiring to hire foreign national professionals as Market Research Analysts and employ them under an H1B visa must take care to ensure that the job requirements and the job duties are specific and satisfy the conditions that are necessary for successful approval of an H1B petition. Thorough documentation clearly establishing the need and requirement for a bachelor’s degree for the proffered position and evidencing that the beneficiary possess such relevant degree, is highly necessary in such cases to improve the chances of approval of H1B petitions. Considering the additional challenges that an H1B petition for Market Research Analysts presents, it is advisable that employers speak with an experienced immigration professional, review their situation, and analyze the suitability of H1B in their situation before making the final decision.

Contact VisaPro if you have any queries about the H1B visa or to receive assistance with your H1B filing strategies for next fiscal year. As April 1st is upon us, it is advisable that you contact us as soon as possible. Our experienced attorneys will be happy to assist you.

The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include H1B visa, E2 Visa, L1 Visa, Adjustment of Status, Green Card, and over 100 Immigration Services.

The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at http://consultattorney.visapro.com/

Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com/Immigration-News/Index.asp

US Visa for Occupational Therapists: The H1B Visa, TN Visa, and More…

Occupational therapists form an important segment of health care professionals in the United States. Working in hospitals, schools, rehabilitation centers, clinics, nursing homes, and in various other community settings, occupational therapists play a significant role in aiding people of all ages, helping them overcome the effects of disability caused by physical or psychological illness, ageing or accident, improving their ability to perform daily tasks at home and at work.

Occupational therapists from outside the U.S. who wish to work in the U.S. have a variety of U.S. visa options to choose from. Each U.S. occupational therapist visa option is designed to serve a particular need, and each type of U.S. visa for occupational therapist comes with its own set of requirements, advantages and limitations, often making it a difficult exercise for foreign national occupational therapists and their employers to identify the one that would be most suitable in their situation. In this article we present a snapshot of the most popular U.S. occupational therapist visa options that are available to foreign national occupational therapists who want to come and work in the U.S. for a temporary period.

The H1B Visa for Occupational Therapists

The H1B program allows U.S. employers to employ foreign nationals in ‘Specialty Occupations’. The Immigration and Nationality Act defines specialty occupation as “an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.” Many professional positions, including that of occupational therapists, qualify as a specialty occupation.

The H1B Visa for Occupational Therapists - Eligibility Conditions
In order to seek an H1B visa for occupational therapist, the following important conditions, among others, must be satisfied:
1. A bachelor’s degree in occupational therapy or higher or its equivalent must normally be the minimum requirement for entry into the therapist position that is being offered to the foreign national occupational therapist.
2. The foreign national occupational therapist must possess at least a bachelor’s degree in occupational therapy or its equivalent. The foreign national occupational therapist who does not have a U.S. bachelor’s degree must obtain an evaluation from a credentialing agency certifying that the foreign degree he or she has received is substantially equivalent to a bachelor’s degree in occupational therapy received at a U.S. institution of higher education.
3. The foreign national occupational therapist must take and pass the Occupational Therapist Registered (OTR) certification exam conducted by the National Board for Certification in Occupational Therapy (NBCOT). This is a requirement for all U.S. and foreign educated occupational therapists.
  Note: In order to be eligible to take the OTR certification exam, the foreign national occupational therapists must satisfy all NBCOT eligibility requirements and undergo prescreening. Foreign national occupational therapists should check the NBCOT website for the latest information on the eligibility requirements.
4. The foreign national occupational therapist must be licensed in the state where he or she intends to be employed or be eligible for licensure.
  Note: Licensure requirements vary from state to state. While all applicants for an occupational therapist license must meet certain basic requirements including passing the OTR certification exam and minimum education requirements, individual states may have additional licensure requirements. Foreign national occupational therapists who wish to work in the U.S. must, therefore, check with the respective state regulatory board for the most relevant and up-to-date information about licensure requirements.
  
  Note: USCIS will not deny an occupational therapy H1B visa petition solely for lack of licensure if a state has a specific prerequisite for licensure that would be impossible for the foreign national to possess or obtain before obtaining the visa or work authorization. The employer will have to show that the state has this type of prerequisite and show that the candidate is otherwise eligible for licensure.
  
  Note: Current Immigration Laws require that foreign national health care professionals, including foreign national occupational therapists, complete a screening program before they can receive either a permanent or temporary occupational visa to come and work in the U.S. To satisfy this requirement, foreign national occupational therapists who wish to work in the U.S. on an H1B must obtain either a ‘VisaScreen’ issued by Commission of Graduates of Foreign Nursing Schools (CGF NS) or a ‘Visa Credential Verification Certificate’ from NBCOT.
The H1B Quota
Timing is a critically important factor to keep in mind when evaluating the option of an H1B for occupational therapists. The H1B visa classification is subject to an annual numerical quota of 65,000, commonly known as the “H1B cap”.

When submitting an H1B visa petition for occupational therapist, the employer must be sure that the cap is still open, i.e., the numerical limit has not been reached for the present fiscal year. The USCIS’ fiscal year goes from October 1 to September 30 of each year, and since an H1B petition can be submitted up to six months before the start date of employment, the earliest a petition can be filed is April 1 of the previous fiscal year (e.g. in order to obtain an H1B visa and start working on October 1, 2012, an H1B petition can be filed no earlier than April 1, 2012.)

The regulations, however, provide exemptions to the numerical cap. Foreign nationals who are employed or have received an offer of employment at an institution of higher education, a related or affiliated nonprofit entity, or a nonprofit or governmental research organization may be exempt from the H1B cap. It is therefore strongly advised that employer institution and foreign national occupational therapists evaluate whether or not theH1B petition will be subject to the H1B cap or will be cap-exempt so that proper steps are taken in a timely fashion. Moreover, if the H1B petition is subject to the cap, the start date may be an issue. For example, if an occupational therapist needs to begin employment on September 1 but the cap closed before March of the previous fiscal year, then the employer must wait until April 1 to file the H1B for the new fiscal year. This means that the occupational therapist cannot begin employment until October 1. In this scenario, the employer and the occupational therapist may need to find a way to “bridge the gap” or find a suitable alterative.
The Period of Admission on an H1B Visa for Occupational Therapists
All foreign nationals who seek to enter on the H1B visa, including occupational therapists, may be admitted for an initial period of up to three years and the period of admission may be extended for an additional three years, for a maximum of six years. The periods of stay may be limited for several reasons including limited duration contracts and limited licensure. Furthermore, the maximum period of six years can only be extended under certain conditions. It is important to remember that the spouse and unmarried children under 21 years of age of H1B occupational therapist visa holders may also seek admission in the H-4 dependent nonimmigrant classification.

The TN Visa for Occupational Therapists

If applying from abroad, no petition is required to be filed with USCIS. Canadian nationals are not customarily required to obtain a TN “visa” and can apply directly at a U.S. Port of Entry with the requisite documentation. Mexican nationals are, however, required to apply at a U.S. Consulate or Embassy to obtain a TN visa. If the individual is in the U.S., a “change of status” petition can be filed.

The TN Visa for Occupational Therapists- Eligibility Conditions
In order to qualify for a TN visa as an Occupational Therapist, the Canadian or Mexican foreign national occupational therapist must possess and must be able to document that he or she possesses the requisite qualification(s) as required by the NAFTA treaty. The treaty and regulations require that the possess a Baccalaureate or Licenciatura Degree, or state/provincial license. He or she must also have a prearranged full-time or part-time offer of employment with a U.S. employer in a position that requires someone in the specified professional capacity.

Note 1: Current Immigration Laws require that foreign national health care professionals, including foreign national occupational therapists, complete a screening program before they can receive either a permanent or temporary occupational visa to come and work in the U.S. To satisfy this requirement, Canadian and Mexican national occupational therapists who wish to work in the U.S. on a TN must obtain either a ‘VisaScreen’ issued by Commission of Graduates of Foreign Nursing Schools (CGF NS) or a ‘Visa Credential Verification Certificate’ from NBCOT.

Note 2: Canadian and Mexican national occupational therapists who wish to enter in the TN visa classification need not possess licensure to obtain the TN but must obtain a license in order to begin employment and practicing. Licensure requirements vary from state to state. While all applicants for an occupational therapist license must meet certain basic requirements including passing the OTR certification exam and minimum education requirements, individual states may have additional licensure requirements. Foreign national occupational therapists who wish to work in the U.S. must, therefore, check with the respective state regulatory board for the most relevant and up-to-date information about licensure requirements.
The Period of Admission on a TN Visa for Occupational Therapists
Canadian and Mexican nationals that enter the U.S. on an occupational therapist TN visa classification may be admitted for a period of up to three years initially.

Note: Currently, because of visa reciprocity, TN visas for nationals of Mexico are limited to one year. Mexican nationals, however, may still be admitted for a period of three years regardless.

The spouse and children under the age of 21 of TN occupational therapist visa holders may be eligible for TD nonimmigrant status, and they do not have to be citizens of Canada or Mexico. They cannot work while in the U.S., but are permitted to study.

The E-3 Visa for Occupational Therapists

The E-3 nonimmigrant classification permits qualified Australian citizens to seek temporary entry into the U.S. to perform services in a specialty occupation. As explained above, occupational therapy qualifies as a specialty occupation. There is an annual numerical quota or cap of 10,500 for new E-3 visas to be issued every fiscal year, however, unlike the H-1B, the quota has never been used up within one fiscal year. The eligibility requirements for an E-3 visa for occupational therapists are generally very similar to those for an H-1B visa discussed above, including the requirements related to OTR certification exam, licensing and screening program.

The main differences between the H-1B and E-3 are the period of admission and application procedures. Australian nationals including occupational therapists, who seek to enter on the E-3 visa, may be admitted for an initial period of up to two years and the period of admission may be extended for up to two years per extension, with generally no maximum limit on the number of extensions. Furthermore, as with the TN visa, Australian nationals do not have to submit a petition to USCIS for the E-3 classification but must apply directly to the U.S. Consulate or Embassy if applying from abroad. If the individual is in the U.S., a “change of status” petition can be filed.

The Spouse and unmarried children under 21 years of age of an E-3 occupational therapist visa holder may also seek admission in the E-3 dependent nonimmigrant classification. The dependents do not have to be Australian to be eligible for E-3 dependent status. An E-3 dependent spouse can work by obtaining employment authorization by filing an I-765. E-3 dependent children are not authorized to work.

Conclusion

As seen here, foreign national occupational therapists who wish to come and work in the U.S. have a range of U.S. visa options to choose from that would enable them to come and work in the U.S. Regardless of the visa option chosen, the eligibility of a foreign national occupational therapist to work in the U.S. primarily depends on his or her ability to meet the credentialing requirements of the NBCOT and satisfy individual state licensure requirements, which, of course, vary from state to state. It is therefore necessary that foreign national occupational therapists check with the NBCOT and state regulatory board where they wish to practice and live regarding the licensure requirements in the respective state before embarking on any immigration related process.

Among the various U.S visa options available to foreign national occupational therapists, each one has its own advantages and limitations. The E-3 visa and TN visa nonimmigrant classifications, for example, allow the foreign national occupational therapist to work immediately in the U.S. as there is no requirement for a petition to be filed with USCIS or quota limitations, generally. Also, the H1B has a numerical cap of 65,000 per year and under an H1B, foreign nationals may be allowed to stay only for a maximum of 6 years, unless certain other conditions related to filing of an Immigrant Visa petition are satisfied. On the other hand, the TN and E-3 visa classifications are restricted to citizens of Canada/Mexico and Australia. Most importantly, for many nonimmigrants, the TN and E-3 visa classifications are not considered to be “dual intent”, and unlike the H1B visa classification, they do not support ‘dual intent’.

There may be other visa options available including H-1B1, E-2 or the Green Card. Each is available or unavailable based on the specific situation presented by the foreign national or the employer. Hence, it is advisable that a foreign national occupational therapist and the employer carefully evaluate all the options against their individual situation and speak with an experienced immigration professional before deciding on which visa option to exercise.

Contact VisaPro if you have any questions regarding immigration for occupational therapists, any U.S. Occupational Therapist Visa, or any type of business or work visas. Our experienced attorneys will be happy to assist you.

The above article is brought to you by "VisaPro.com". VisaPro’s U.S. Immigration Lawyer Services include H1B, TN (Canada), TN (Mexico), E-3, Green Card, L-1 Visa, and over 100 Immigration Services.

The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at http://consultattorney.visapro.com

Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com/Immigration-News/Index.asp

Get a Head Start on Filing H-1B Visas With VisaPro's “H-1B Visa Timeline”

The clock starts ticking every day as that important date in immigration - April 1- approaches. As many of you already know, April 1 marks the first day that USCIS accepts H-1B petitions for the federal government’s fiscal year beginning on October 1. As per the regulations, employers can file H-1B petitions no earlier than six months in advance of the anticipated start date, which makes April 1 the beginning of the race for obtaining an H-1B visa before the quota or “cap” is reached. While the economic slowdown has caused the cap not to be reached for several months, as opposed to the cap being reached within one day as it did in the past, it is still important to properly prepare for filing.

The H-1B Visa Lottery

USCIS first applied the random selection of H-1B petitions received on the “last day”- known as the “Lottery”- in 2005 for FY 2006 H-1B petitions. That year, USCIS had announced it had received enough H-1B petitions by August 10, 2005, which was announced as the final receipt date. All petitions received that day by USCIS were subject to a lottery. In 2006, the FY 2007 H-1B cap was reached on May 26, 2006 and a lottery was held for all petitions received on that day.

The next year goes down in the history books as the one where the FY 2008 H-1B cap count was reached in just one day. By the end of the first day, April 2, 2007 (April 1 was a Sunday), USCIS had received 150,000 cap-subject H-1B petitions! Petitions received on April 2nd and 3rd were subject to the legendary lottery.

In possibly a very early sign that the economy was heading for a slowdown, the cap was not reached until April 8, 2008 for the FY 2009 H-1B visa cap. By 2009, well on our way into the Great Recession, the FY 2010 H-1B cap was not reached until December 21, 2009. Subsequently, the FY 2011 H-1B cap count was reached on January 26, 2011 and the FY 2012 H-1B visa cap was reached on November 22, 2011. The sudden rise in H-1B filings in the final weeks of the FY 2012 H-1B cap race has been seen by many to be a possible sign of an improving economy.

The VisaPro H-1B Petition Timeline

While it is not expected that the USCIS H-1B cap for the next fiscal year will be met in one or two days as in the past, the cap is also not expected to remain open for 7 or 8 months either as the U.S. economy continues on its path to recovery. It is well worth your time to be prepared to submit the H-1B as soon as possible as the final receipt date for the USCIS H-1B cap is so unpredictable. By following our suggested H-1B timeline, you will have maximized your efforts to ensure timely and successful filing of your H-1B petition.

ASAP:	Identify your H-1B needs, discuss the strategy with your VisaPro immigration attorney and finalize the applicant list; Develop detailed job descriptions.
Early February:	Have the potential employee gather and request required transcripts and experience letters (if necessary) in order to obtain an Educational Evaluation if they have foreign degrees.
Early March:	Determine the prevailing wage and file the Labor Condition Application (LCA) with the DOL (see below); Begin gathering supporting documentation.
Mid March:	Prepare all H-1B forms, support letter and other required supporting documentation.
March 31:	Mail the petition to USCIS for delivery on April 1, 2012 or as soon afterwards as possible.

Tips for Employers in implementing the H-1B Visa Timeline

Check to see if the individual you plan to hire is subject to the cap.

When looking to hire an individual who has already been in H-1B status, it is important to determine whether this person has been previously counted towards the cap or not. For example, if you are hiring someone who has worked for a university and thus qualified for a cap-exemption, this person would have to be counted towards the cap now because they were not previously counted. On the other hand, if the individual had a cap-subject H-1B any time in the last six years, he does not have to go through the cap again.

In some instances, individuals who have been counted towards the cap in the past may choose to enter the cap again in order to obtain a new six years of H-1B. If a person has been outside the U.S. for one continuous year since being counted towards the cap and that person was counted towards the cap in the last six years, he or she has the option of going through the cap or having a cap-exempt H-1B petition filed on his or her behalf. This individual should discuss the pros and cons of each option with their Employer and VisaPro Attorney.

Obtain educational equivalency evaluations now.

For any person who graduated from a non-U.S. institution of higher learning, it is important to obtain a degree equivalency evaluation that will be submitted with the H-1B visa petition. Waiting until the last minute could mean that you will not be able to obtain the evaluation in a timely manner because transcripts and experience letters, which are required to do a proper evaluation, may be difficult to obtain quickly.

File your Labor Condition Application (LCA) and start your public access file.

Before any employer can file an H-1B visa, they must first file a labor condition application with the U.S. Department of Labor. Don’t forget, the DOL is currently taking at least 7 calendar days to process LCAs. Also, the DOL is still denying LCAs when they cannot match the employer’s information with the information they have obtained from the IRS. It is imperative that employers plan ahead to avoid not being able to file because of the LCA.

It is also important to remember that on or within 30 days before the date of filing the LCA, the employer is responsible for posting the LCA form or a notice of the intent to obtain an H-1B at two conspicuous locations in the place of employment for at least 10 days. All records related to the LCA filing should be kept in a public access file.

The F-1 Cap Gap

If the Employer is employing an individual who is on Optional Practical Training (OPT), it is imperative that the H-1B petition is filed before the OPT expires in order to ensure continuity of employment. USCIS has carved out a limited exception for F-1 students in filing H-1B Change of Status petitions. Regardless of the fact that a student’s F-1 status may expire before October 1, “Cap Gap” allows that student to remain in status as long as the H-1B petition is filed before the expiration of status. If the H-1B petition is filed before the OPT expires, USCIS has further said that that those students may continue working without a break in employment.

CASE SCENARIO

Jason is software engineer that is working on his OPT for a company that develops software to track goods throughout the supply chain process. His company wants to keep him for the next several years and needs to get him an H-1B. His current OPT ends in July. This company need to get a petition filed early (no later than when his OPT expires) so he can be assured of obtaining the approval in time for October 1 and take advantage of the Cap Gap rules (allowing F-1 students with valid OPT to continue working if the H-1B petition is filed before the expiration of the OPT).

Jorge has a PhD in molecular biology and has been conducting research in a lab at a university in New York City while in H-1B status. He has just been offered a research position in a pharmaceutical development company that wants to build on his research and expertise. Jorge already has an H-1B so he doesn’t have to worry about the cap right? Not necessarily. Jorge’s H-1B was most likely exempt from the cap because he works for an institution of higher education. In order to switch his H-1B to a private entity, he must now file a “cap” H-1B. He will have to file early enough to be sure he can get an October 1 start date.

Conclusion

The competition for the coveted H-1B visas has been intensifying over the years. While we have seen a drop off in the use of H-1B visas during the economic downturn we anticipate an increase to previous levels in the near future. With this in mind, it is important that every company interested in sponsoring an H-1B worker plan ahead. By utilizing the VisaPro H-1B petition timeline, employers can prepare to file the nonimmigrant visa petition in a timely manner.

VisaPro specializes in serving individual and corporate clients in various countries all across the world. With the help of our H-1B visa timeline, we have successfully handled H-1B petitions for a variety of clients ranging from one-man start-up firms to multinational companies, from software engineers to market research analysts, fashion models, optometrists, medical technologists, organic farm managers, social workers, etc.

Contact VisaPro to receive assistance with your H-1B filing strategies for next fiscal year. Our experienced attorneys will be happy to assist you.

The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include H-1B visa, E2 Visa, L1 Visa, Adjustment of Status, Green Card, and over 100 Immigration Services.

Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com/Immigration-News/Index.asp

US Visa for Foreign Dentist: TN Visa, H1B Visa and the Dentist Green Card

A visit to the dentist is hardly a pleasurable exercise for most people! Dentists, however, are the unsung heroes of the medical profession as they perform a very important function in caring for our teeth. It is now well-recognized that good oral health is important to overall health as well self-esteem and well-being. Unfortunately, in addition to the sometimes unnecessary dread that most of us feel when we go to the dentist, we also end up waiting a significant amount of time for our turn. The wait, in some ways, signifies the demand that dentists and dental professionals enjoy in the U.S. It is therefore no surprise, that with such emphasis and demand, foreign national dentists consider working in the U.S. to be a rewarding and worthwhile experience.

Foreign national dentists desirous of working in the U.S. have a variety of nonimmigrant (temporary stay) and immigrant (permanent residence) visa options to choose from. Each visa option is designed to serve a particular need, and they come with their own requirements, advantages and limitations, often making it a difficult exercise for foreign national dentists and their employers to identify the one that would be most suitable in their situation. In this article we present a snapshot of the most popular visa options that are available to foreign national dentists who want to come and work in the U.S., either as a permanent resident or as a temporary working professional.

The ‘Dentist’ TN Visa

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. The TN visa classification is restricted only to citizens (not permanent residents) of Canada and Mexico and only for professionals whose profession is on the NAFTA list. Dentists are eligible to seek admission as TN nonimmigrants because the profession is listed. If applying from abroad, Canadian national are not customarily required to obtain a TN “visa” and can apply directly at a U.S. Port of Entry with the requisite documentation. Mexican nationals are, however, required to obtain a TN visa at a U.S. Consulate or Embassy. There is no petition or application for the TN if the foreign national is outside the U.S. and not obtaining a “change of status.”

Dentist TN Visa - Eligibility Conditions

In order for a dentist to qualify for dentist TN visa classification, a Canadian or Mexican national dentist must possess and must be able to document that he or she has been awarded a D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or a state/provincial license in dentistry. This means that showing proof of attainment of the professional degree in dentistry from the U.S., Canada or Mexico OR licensure in a U.S. or Mexican state or Canadian province is sufficient

He or she must also have a prearranged full-time or part-time job with a U.S. employer in a position that requires someone in that professional capacity.

Note: Foreign national dentists who wish to enter on the dentist TN visa classification need not possess licensure to obtain the TN but must possess a license in order to begin employment and practicing. Licensure requirements vary from state to state. While all applicants for a dental license must meet certain basic requirements including passing the NBDE and minimum education requirements, individual states may have additional licensure requirements. Foreign national dentists who wish to work in the U.S. must, therefore, check with the respective state dental board for the most relevant and up-to-date information about licensure requirements.

Dentist TN Visa - Period of Admission and Dependents

Canadian and Mexican national dentists who enter the U.S. with dentist TN visa classification may be admitted for a period of up to three years initially.
Note: Currently, because of visa reciprocity, TN visas for nationals of Mexico are limited to one year.

The spouse and children under the age of 21 may be eligible for TD nonimmigrant status, and they do not necessarily have to be citizens of Canada or Mexico. They cannot work while in the U.S., but are permitted to study.

H1B Visa for Dentists

H1B Visa for Dentists - Eligibility Conditions

In order to seek an H1B visa for dentists, the following important conditions, among others, must be satisfied:

The foreign national dentist must possess at least a bachelor’s degree in dentistry or its equivalent. In the U.S., dental graduates obtain a post-graduate degree in dentistry, the DDS (Doctor of Dental Surgery). Foreign national dentists, with the exception of some Canadians, who do not possess a U.S. dental degree, must obtain an evaluation from a credentialing agency certifying that the foreign degree they have received is substantially equivalent to an American university degree in dentistry.

The foreign national dentist must take and pass the National Board Dental Examination (NBDE). This is a requirement for all U.S. and foreign educated dentists.

The foreign national must be licensed in the state where he or she intends to be employed or be eligible for licensure.

Note: Licensure requirements vary from state to state. While all applicants for a dental license must meet certain basic requirements including passing the NBDE and minimum education requirements, individual states may have additional licensure requirements. Foreign national dentists who wish to work in the U.S. must, therefore, check with the respective state dental board for the most relevant and up-to-date information about licensure requirements.

Note: USCIS will not deny a petition for the H1B solely for lack of licensure if a state has a specific prerequisite for licensure that would be impossible for the foreign national to possess or obtain before obtaining the visa or work authorization. The employer will have to show that the candidate is otherwise eligible for licensure.

The employer must submit and receive a certified Labor Condition Application (LCA) from the Department of Labor.

The H1B Quota

Timing is a critically important factor to keep in mind when evaluating the option of an H1B for dentist. The H1B visa classification is subject to an annual numerical quota of 65,000 and is commonly known as the “H1B cap”. When submitting an H1B petition, the employer must be sure that the cap is still open, i.e., the numerical limit has not been reached for the present fiscal year. It’s important to note that USCIS’ fiscal year goes from October 1 to September 30 of each year. Since an H1B petition can be submitted no earlier than six months before the start date of employment, the earliest a petition can be filed is April 1 of the previous fiscal year (e.g. in order for a dentist to obtain a H1B visa and start working on October 1, 2012, an H1B petition can be filed no earlier than April 1, 2012.)

The regulations, however, provide exemptions to the numerical cap. Foreign nationals who are employed or have received an offer of employment at an institution of higher education, a related or affiliated nonprofit entity, or a nonprofit or governmental research organization may be exempt from the H1B cap. It is therefore strongly advised that employer institution and foreign national dentist evaluate whether or not their H1B petition will be subject to the H1B cap or will be cap-exempt, so that proper steps are taken in a timely fashion. Moreover, if the H1B petition is subject to the cap, the start date may be an issue. For example, if a dentist needs to begin on September 1 but the cap closed before March of the previous fiscal year, the H1B will not begin until October 1. In this scenario, the employer and dentist may need to find a way to “bridge the gap” or find a suitable alterative.

Period of Admission on a H1B Dentist Visa

All foreign nationals who seek to enter on the H1B visa, including dentists, may be admitted for an initial period of up to three years and the period of admission may be extended for an additional three years, for a maximum of six years. Periods of stay may be limited for several reasons including limited duration contracts and limited licensure. Generally, the H1B visa is limited to a total of six years unless certain conditions are met. Furthermore, spouses and unmarried children under 21 years of age may also seek admission in the H-4 dependent nonimmigrant classification.

The ‘Dentist’ Green Card

Unlike the dentist TN visa and the H1B visa for dentists as above, which are nonimmigrant visa classifications that allow foreign national dentists to live and work in the U.S. temporarily, the “Green Card” or Legal Permanent Residency allows a foreign national dentist to stay and work in the U.S permanently. Under U.S. immigration law, employment-based Green Cards or Immigrant Visas are divided into 5 preference categories. Among those 5 categories, most dentists fall into the Second and Third Employment-Based Preference Categories (EB-2 and EB-3, respectively).

EB-2 Green Card Category: This category is reserved for foreign national professionals holding Advanced Degrees (generally meaning a degree beyond a four-year bachelor’s or a bachelor’s degree + five years of experience) or for Individuals with Exceptional Ability in the arts, sciences, or business.

EB-3 Green Card Category: This category is reserved for foreign national professionals and skilled workers. Professional means a person whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and who is a member of a profession. Dentists fall under the definition of ‘Professional’.

Green Card for Dentists: The Process

Barring a few exceptions, almost all Employment Based Green Card Categories require foreign nationals to already have a job offer from a U.S. employer (the “sponsor”). In the first step of the Green Card process, the sponsoring employer must obtain an approved labor certification from the U.S. Department of Labor (DOL), which verifies that:

There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage; and
Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

For individuals with Advanced Degrees or Exceptional Ability (EB-2), an exception to the above mentioned labor certification requirement is provided under the ‘National Interest Waiver’ (NIW). Here the labor certification requirement may be waived for foreign nationals whose employment in the U.S. would greatly benefit the nation. No such “waiver” is available for foreign nationals applying under the EB-3 Green Card category.

Once the labor certification is approved by the DOL, the sponsoring employer must file a Form I-140, Petition for Alien Worker, demonstrating among other things, that the employer has ability to pay the offered wage and that the foreign national dentist satisfies the minimum qualifications required to fill the position that is being offered to him or her.

Once the Immigrant Visa Petition is approved by the USCIS, the next step in the Dentist Green Card process depends on where the foreign national dentist is physically located - in the U.S. in valid nonimmigrant status or outside the U.S.

If the applicant is in the U.S. in valid nonimmigrant status or is otherwise eligible, the foreign national can file for “Adjustment of Status” with USCIS and may continue to remain in the U.S. until the application is adjudicated and the foreign national is granted the green card. The beneficiary can also concurrently file applications for Employment Authorization and travel documents with the Adjustment of Status application.

In cases where the beneficiary is outside the U.S., the approved visa petition is forwarded to the National Visa Center (NVC). The NVC will issue instructions on the next steps, including instructions regarding the fees that must be paid and later, the forms and documentary evidence to be submitted. The NVC, upon receipt of all fees and documents, will schedule the applicant for an interview at a U.S. Consulate in their home country or where they presently reside. If approved at the interview, he or she will be issued an Immigrant visa that will be valid for 6 months. He or she will also be given a sealed envelope which he or she must present to the immigration officer upon landing in the U.S.

Note: Regardless of where the foreign national dentist resides, he or she cannot continue to the next step after the immigrant petition approval until his or her “priority date” is current as per the Visa Bulletin (there are only 140,000 immigrant visas available each year for all the employment based categories and there is a further 7% cap for each country). The priority date is generally the date the labor certification application was received by the Department of Labor (DOL) or in the case of NIWs, the date the I-140 petition was received by USCIS.

With a valid Green Card, a foreign national dentist can stay and work in the U.S. as a permanent resident. The spouse and minor children of a Green Card holding dentist are also eligible to apply for a Green Card but each individual must file their own application.

Conclusion

As seen here, foreign national dentists who wish to come to the U.S. to practice in the U.S. have a variety of nonimmigrant and immigrant visa options to choose from. Regardless of the visa option chosen, the eligibility of a foreign national dentist to work in the U.S. primarily depends on his or her ability to satisfy the licensure requirements, which, in turn, varies from state to state. It is therefore necessary that foreign national dentists check with the state dental board where they wish to practice and live regarding the licensure requirements in the respective state before embarking on any immigration related process.

Among the various visa options available to foreign national dentists, each one has its own advantages and limitations. The H1B Visa is most preferred and popular option for foreign national dentists as it allows them to start working immediately. However, the H1B has a numerical cap of 65,000 per year. Additionally, under an H1B, foreign nationals may be allowed to stay only for a maximum of 6 years, unless certain other conditions related to filing of an Immigrant Visa petition are satisfied. The dentist TN visa classification on the other hand, is restricted to citizens of Canada and Mexico alone, and unlike the H1B visa classification, does not support ‘dual intent’. The dentist TN visa classification, however, only requires that you possess a degree in dentistry or licensure in a state/province to be eligible for entry. The Green Card option allows foreign national dentist to live and work in the U.S. in permanent resident status, but usually requires that a U.S. employer be willing and able to permanently sponsor the foreign national dentist. Further, while the priority date for EB-2 Green Card category remains current for most countries (except India and China), there is a backlog or waiting list in respect to the EB-3 Green Card category which means that foreign national dentists may have to wait for a significant period of time before they are issued Green Cards, if found eligible.

There may be other visa options available based on the specific situation presented by the foreign national or the employer. Hence, it is advisable that a foreign national dentist and the employer carefully evaluate all the options against their individual situation and speak with an experienced immigration professional before deciding on which visa option to exercise.

Contact VisaPro if you have any questions regarding immigration for dentists, or any type of business or work visas. Our experienced attorneys will be happy to assist you.

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US Visa for Physical Therapist: Schedule A Green Card, H1B Visa and TN Visa

Considering the prominence and importance that the United States places on health care for its citizens, it is not surprising that physical therapists - who play a vital role in assisting patients with physical recovery and aiding in pain relief - are a set of professionals who are in high demand in the U.S. Nothing signifies this better than the certification by the U.S. Department of Labor that the occupation of ‘Physical Therapy’ is one that has a shortage of qualified, and available U.S. workers. U.S. Immigration policies accordingly favor foreign national physical therapists. As a result, foreign national physical therapists find the U.S. a lucrative destination to come and work, either as a permanent resident or as a temporary working professional.

While foreign national physical therapists have multiple visa options to choose from in order to come and work in the U.S., each Physical Therapist Visa option has its own advantages and limitations. It would therefore be helpful for foreign national physical therapists, as well as their employers, to understand the various visa options available to them. This article will present a snapshot on the most popular Physical Therapist Visa options that available to foreign national physical therapists to come and work in the U.S., either as a permanent resident or as a temporary working professional.

The Green Card for Physical Therapists - “Schedule A”

For foreign national physical therapists who want to live and work in the U.S. permanently, the Physical Therapist ‘Schedule A’ Green Card may be the best option. Generally, for most Employment based Green Card categories, the U.S. employer must first obtain an approved Labor Certification from the U.S. Department of Labor before the employer can submit an Immigrant Petition to U.S.CIS. An approved Labor Certification application demonstrates that:

the employer has tested the labor market in the geographic area where the permanent job offer is located to establish that there are no able, qualified, and available U.S. workers who are willing to accept the permanent job offer; and
the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The Schedule A Employment-Based Green Card process, however, does not require the test of the labor market.

‘Schedule A’ Occupations

‘Schedule A’ (Group I) is a list of pre-certified occupations, in which the U.S. Department of Labor has determined that there are not sufficient U.S. workers who are able, willing, qualified, and available, and that the wages and working conditions of U.S. workers similarly employed will not be adversely affected by the employment of aliens in ‘Schedule A’ occupations. Accordingly, foreign nationals qualified to work in any of the ‘Schedule A’ occupations, do not require a Labor Certification because the occupation has already been certified by the Department of Labor.

As ‘Physical Therapist’ is a ‘Schedule A’ occupation, and a Labor Certification is not a requirement when applying for a Green Card for physical therapist, the process for obtaining a Green Card for physical therapists is relatively quicker when compared with other Employment Based Green Card categories.

Definition of Physical Therapists

For the purpose of a Physical Therapist ‘Schedule A’ Green Card, Physical Therapist means a person who applies the art and science of physical therapy to the treatment of patients with disabilities, disorders and injuries to relieve pain, develop or restore function, and maintain performance, using physical means, such as exercise, massage, heat, water, light, and electricity as prescribed by a physician, or surgeon.

Eligibility Requirements for a Schedule A Green Card for Physical Therapists

Persons who will be employed as physical therapists and who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy are eligible to seek a Physical Therapist Green Card. In order to be eligible to apply for the Physical Therapist Schedule A Green Card, the foreign national Physical therapist must have, among other things:

a bachelor’s or master’s degree in physical therapy or the equivalent (the minimum degree requirement is dependent on the state and/or specific position);
a permanent license to practice in the state of intended employment, OR, a letter or statement, signed by an authorized state physical therapy licensing official, stating that he or she is qualified to take that state’s written licensing examination for physical therapists;
a job offer from a U.S. employer.

Note: Foreign national physical therapists who would like to obtain a Green Card through ‘Schedule A’ Green Card must also obtain a VisaScreen issued by Commission of Graduates of Foreign Nursing Schools (CGFNS), after completing a screening program that would include:

an assessment of his or her education to ensure that it is comparable to that of a U.S. graduate in the same profession;
a verification that all professional health care licenses that he or she ever held are valid and without restrictions; and,
an English language proficiency examination

The VisaScreen certificate, however, will only be required to be submitted at the time of foreign national Physical Therapist’s Immigrant Visa interview, if he is outside the U.S.; or with his or her application for Adjustment of Status, if he or she is applying from within the U.S., but not along with the Immigrant Visa Petition.

Procedure for obtaining a Physical Therapist Green Card

The first step in the process for obtaining a Physical Therapist Schedule A Green Card as a foreign national involves the preparation of the ETA Form 9089 by the employer. While an Immigrant Petition under Schedule A does not require the submission of a certified ETA Form 9089, it does require that the employer fill out the form and submit it with original signatures in duplicate with the Immigrant Petition directly to U.S.CIS. (no certification from Department of Labor is required). The process also requires that the employer obtain a Prevailing Wage Determination from the Department of Labor. Once a prevailing wage determination is obtained, the employer must send a “Notice of Filing” to the collective bargaining unit or post the Notice of Filing for a period of 10 business days at the place of employment. The employer must also post the Notice of Filing within any and all in-house media customarily used by the employer to advertise for in-house jobs.

The next step in the Physical Therapist Green Card application process is filing the Immigrant Petition for the Alien Worker, Form I-140, with the U.S.CIS. The employer must prove, among other things, that it is qualified to sponsor the foreign national for a Physical Therapist Schedule A Green Card, and that the foreign national satisfies the minimum qualifications required to fill the position being offered. In addition to the ETA Form 9089 described above, the employer must also submit a copy of the Notice of Filing and attestation that it was sent to the collective bargaining unit or posted for 10 business days, a copy of any postings within in-house media, and a copy of the prevailing wage determination from the Department of Labor.

Once the Immigrant Visa Petition is approved by the U.S.CIS., the next step in the process depends on where the beneficiary is physically located - in the U.S. in valid nonimmigrant status or outside the U.S. If the applicant is in the U.S. in valid nonimmigrant status or is otherwise eligible, the foreign national can file for Adjustment of Status with U.S.CIS. and may continue to stay in the U.S. until a final decision is taken by the U.S.CIS. on his or her Adjustment of Status application. It is important to note that the Adjustment of Status application can only be filed when the foreign national’s priority date is current as per the Visa Bulletin. The priority date is the date the Form I-140 is submitted to U.S.CIS. Most physical therapists filing under Schedule A will fall under the “EB-3” or Employment Based Third Preference category as most states and U.S.CIS. feel that a Bachelor’s degree is the minimum requirement for entry into the field.

In cases where the foreign national physical therapist is outside the U.S., upon approval of the Immigrant Visa Petition, the approved visa petition will be forwarded to the National Visa Center (NVC). The NVC will issue a fee bill, for the government processing fees to be paid in advance. Once the fees are paid, the NVC will forward to the foreign national physical therapist, a packet containing, instructions; forms to be completed by him or her; and a list of documents which must be presented at the visa interview. He or she will be required to attend the interview as instructed, and if approved in the interview, he or she will be issued an Immigrant visa that will be valid for 6 months. He or she will also be given a sealed envelope, which he or she must present to the immigration officer upon landing in the U.S.
Note: NVC will not forward the case to the Consulate until the beneficiary’s priority date is current.

With a valid Physical Therapist Schedule A Green Card, a foreign national physical therapist can stay, and work in the U.S. as a permanent resident. To know more about the ‘Schedule A’ Green Card, please click here.

The Physical Therapist H1B Visa

The H1B visa program allows U.S. employers to employ foreign nationals in specialty occupations. The Immigration and Nationality Act defines specialty occupation as ‘an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.’ Most professional positions, including that of physical therapist, qualify as a specialty occupation.

The Physical Therapist H1B Visa - Eligibility Conditions

In order to be eligible for a Physical Therapist H1B visa, the following important conditions, among others, must be satisfied:

A bachelor’s degree in physical therapy or higher or its equivalent must normally be the minimum requirement for entry into the therapist position that is being offered to the foreign national physical therapist.
The foreign national physical therapist must possess at least a bachelor’s degree in physical therapy or higher degree or its equivalent. Foreign national physical therapists who do not have a U.S. bachelor’s degree, must obtain an evaluation from a credentialing agency to determine whether the degree they have received is substantially equivalent to a bachelor’s degree in physical therapy in the U.S.
The foreign national physical therapist must take and pass the National Physical Therapy Examination (NPTE) and be licensed as a physical therapist in the state where he or she intends to be employed. Foreign national physical therapists, who are outside the U.S., may also seek a visitor visa in order to come to the U.S. and appear for the exam.
Before submitting the application to U.S.CIS., the employer must submit and receive a certified Labor Condition Application (LCA) from the Department of Labor.

Note: Foreign national physical therapists desirous of working in the U.S. on an H1B visa, and who are educated outside the U.S., must also obtain a VisaScreen issued by Commission of Graduates of Foreign Nursing Schools (CGFNS), after completing a screening program.

Period of Admission on a Physical Therapist H1B Visa

All foreign nationals who seek to enter on the H1B visa, including physical therapists, may be admitted for an initial period of up to three years and the period of admission may be extended for an additional three years, for a maximum of six years. Periods of stay may be limited for several reasons including limited duration contracts and limited licensure. Generally, the H1B visa is limited to a total of six years unless certain conditions are met. Furthermore, spouses and unmarried children under 21 years of age may also seek admission in the H-4 nonimmigrant classification.

H1B Cap

Timing is a critically important factor to keep in mind when evaluating the option of H1B for physical therapists. There is an annual 65,000 numerical cap or quota for H1Bs commonly known as the “H1B cap”. When submitting the H1B petition, the employer must be sure that the cap is still open, i.e., the numerical limit has not been reached for the present fiscal year. It’s important to note that U.S.CIS.’ fiscal year goes from October 1 to September 30 of each year. Since an H1B petition can be submitted no earlier than six months before the start date of employment, the earliest a petition can be filed is April 1 of the previous fiscal year (e.g. in order for a physical therapist to obtain a H1B visa and start working on October 1, 2011, an H1B petition can be filed no earlier than April 1, 2011.)

The regulations, however, also provide an exemption to the numerical cap. Foreign nationals who are employed or have received an offer of employment at an institution of higher education or a related or affiliated nonprofit entity or at a nonprofit or governmental research organization or a governmental research organization may be exempt from the H1B cap. It is therefore strongly advised that employer institution and foreign national physical therapist evaluate whether or not their H1B petition will be subject to the H1B cap or cap-exempt, so that proper steps are taken in a timely fashion. Moreover, if the H1B petition is subject to the cap, start date may become an issue. For example, if a physical therapist is needed to begin on September 1 but the H1B will not begin until October 1, the institution and therapist may need to find a way to “bridge the gap” or find a suitable alterative.

The Physical Therapist TN Visa

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. The TN visa classification is restricted only to Citizens (not permanent residents) of Canada and Mexico and physical therapists are eligible to seek admission as TN nonimmigrants. If applying from abroad, Canadian nationals are not customarily required to obtain a TN visa and should apply directly at a U.S. Port of Entry with the requisite documentation. Mexican nationals are, however, required to obtain a TN visa at a U.S. Consulate or Embassy.

The Physical Therapist TN Visa - Eligibility Conditions

In order to qualify for a Physical Therapist TN visa classification, a Canadian or Mexican foreign national physical therapist must possess the requisite qualification(s) as required by the NAFTA treaty, which, for physical therapists is a Baccalaureate or Licenciatura Degree; or state/provincial license. He or she must also have a prearranged full-time or part-time job with a U.S. employer, in a position that requires someone in that professional capacity.

Note: Canadian and Mexican national physical therapists desirous of obtaining a working in the U.S. on a TN classification, and who are educated outside the U.S., must also obtain a VisaScreen issued by Commission of Graduates of Foreign Nursing Schools (CGFNS), after completing a screening program.

Period of Admission and Dependents

Canadian and Mexican nationals who enter the U.S. on a Physical Therapist TN visa classification may be admitted for a period of up to three years initially. Further, their spouse and children under the age of 21 may be eligible for TD nonimmigrant status, and they do not necessarily have to be citizens of Canada or Mexico. They cannot work while in the U.S., but are permitted to study.

Conclusion

As seen from the above, foreign national physical therapists have a range of visa options that enable them to come and work in the U.S., either as a permanent resident or as a temporary working professional. Each of those Physical Therapist Visa options has its own advantages and limitations. While the Physical Therapist ‘Schedule A’ Green Card is the most preferred option for foreign national physical therapists and ultimately allows them to live and work in the U.S. in permanent resident status, it requires an U.S. employer be willing to and able to permanently sponsor the foreign national physical therapist. Furthermore, because of the “retrogression” of the EB-3 employment based category where most Schedule A physical therapists find themselves, the grant of the Green Card through Adjustment of Status or Consular Processing may not contemporaneous with the I-140 petition.

On the other hand, the H1B visa and TN visa classification are nonimmigrant visa classifications that allow the foreign national physical therapists to work immediately in the U.S. temporarily. The H1B, however, has a numerical cap of 65,000 per year, and the TN classification is restricted to citizens of Canada and Mexico. Also, while for a ‘Schedule A’ Green Card it is sufficient if the foreign national submits a letter or statement, signed by an authorized state physical therapy licensing official, stating that he or she is qualified to take that state’s written licensing examination for physical therapists, for a Physical Therapist H1B visa, he or she must take and pass the National Physical Therapy Examination (NPTE) and be licensed as a physical therapist in the state of intended employment. The H1B visa supports ‘dual intent’, unlike the TN classification. Thus, each visa option has its own applicability, and there may be other visa options available based on the specific situation presented by the foreign national or the employer. Hence, it is advisable that foreign national physical therapists and their employers carefully evaluate all the options against their individual situation and speak with an experienced immigration professional before deciding on which Physical Therapist visa option to exercise.

Contact VisaPro if you have any questions regarding immigration for physical therapists, any Physical Therapist Visa, or any type of business or work visas. Our experienced attorneys will be happy to assist you.

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