As we have bloggedabout in the past, the USCIS’ inconsistently adjudicates EB-2 petitionsfor Physical Therapists. The law is straightforward. Ifthe position requires an Advanced Degree, then EB-2 Petition should beapproved. An Advanced Degree is a US Master’s Degree, the foreign equivalent ofa US Master Degree, or a Bachelors Degree and five years of progressive workexperience.
If the FCCPT or another credible educational evaluator findsthat the Beneficiary’s foreign education is equal to a US Masters Degree, thenthe EB-2 Petition should be approved, since all US employers effectivelyrequire an Advanced degree as their minimum requirement for entry into thepetition.
The USCIS recently addressed the applicability of FCCPTeducational evaluations:
Response: USCISconsiders FCCPT evaluations. However, these evaluations are not binding onUSCIS. USCIS will continue adjudicating these filings on a case by case basis.Whether the physical therapists are indeed eligible for EB-2 classificationdepends on the individual facts of each case.
MU Law has been working with AILA on this issue for about oneyear, helping AILA frame the issue for the USCIS. While the specific language ofthis Reply is less than ideal, we’re optimistic that the USCIS is beginning to understandthe value and credibility of an FCCPT evaluation. We expect to see more favorable evaluations forproperly prepared I-140 EB2 Petitions in the future.