Combating the FSBPT’s Discrimination Policy
August 3, 2010
MU knows that several states have begun contacting the FSBPT to inquire if the FSBPT can speed up this process or rescind it. Some states may act in the next few days.
Once the letter is issued, it will be incumbent on the FSBPT to reconsider alternatives to their separate but equal approach or run the risk of legal action. MU is also aware of several different parties and states that are consulting with attorneys to evaluate their legal options. Legal action is the least –desired course of action. If you have been denied an opportunity to take the NPTE and you are in the US and would like to help remedy the FSBPT’s policy, please contact Cindy Unkenholt or Chris Musillo.
California Dreaming
July 27, 2010
The Meeting is open to the public. If you are in or around the Sacramento area, you should attend. If you do not attend, you should send an email to the Board explaining your position.
If California is not convenient for you, perhaps New Jersey is. New Jersey’s Board of Physical Therapy meets today. If not New Jersey, then which state’s Board meeting can you attend to make your position known?
I am in the process of gathering dates for all major states. Here is the list that I have so far:
New Jersey – July 27, 2010
Arizona – July 27, 2010
California – July 28, 2010
Florida – August 5, 2010
Maryland – August 17, 2010
Illinois – October 2010
If you need model letter and/or talking points to help you frame your communications, please email me or Cindy. Also, if you know of other state’s Board meeting dates, please let us know by commenting or emailing.
Philippine Ambassador weighs in
July 23, 2010
Ambassador Gaa outlined efforts that the Philippine legislature has taken to ensure the integrity of standardized tests, including a fast-track bill to give broader authority to the Philippine Commission on Higher Education (CHED) to regulate review centers.
FSBPT “reaffirms” its decision
July 20, 2010
The posting does indicate that the FSBPT Board is directing its staff to quickly produce the FSBPT-YRLY, although it does not expect that the FSBPT-YRLY will be available earlier than the “latter part of 2011”.
Federation Discrimination?
July 16, 2010
As was mentioned in the Monday posting, the Federation of State Boards of Physical Therapy immediately has barred graduates of Physical Therapy university programs in the Philippines, India, Egypt and Pakistan from taking the U.S. National Physical Therapy Exam. Since our post on Monday more news has come out:
- The ban impacts anyone who has received their first professional degree from a school in the four named countries. For example, an applicant presently in a United States Masters PT program would be barred from taking the NPTE if s/he previously received a degree from a Philippine university.
- The Federation has been involved in a lawsuit in the Philippines for several years. The lawsuit is based upon past incidents of alleged cheating.
- The “cheating” appears to be allegations of tests-takers memorizing questions and then regurgitating the questions to other students.
- There does not appear to be any allegation that any universities in the four countries engaged in any malfeasance. The cheating allegations are limited to certain test takers and certain review centers.
- More countries may be added to the banned list.
While the Federation needs to preserve the integrity of the test, the Federation’s remedy is overbroad and perhaps illegal. US law does not allow discrimination on the basis of national origin. US law also assures all of due process and equal protection.
The Federation will likely argue that their approach – banning graduates of Universities in the Philippines, India, Egypt and Pakistan -- is not a ban on nationals of those countries. This appears to be a distinction without a difference. The vast majority of university graduates are nationals of the country where the university is located.
MU has been working with industry leaders to craft a reply and a response to the Federation. We ask that Therapists and employers of Therapists contact their State Board of Physical Therapy to protest the Federation’s actions. If the State Boards hear from enough people, they may prompt the Federation to change their approach. Please take a minute to contact your State Board.
August Visa Bulletin released
July 13, 2010
The relevant dates are:
EB-1 – all current
EB-2 – all current, except China (01 MAR 06) and India (01 MAR 06)
EB-3 – all 01 JUN 04, except China (22 SEP 03), India (01 JAN 02), and Mexico (U)
Notes on specific countries:
China: China EB2 improved almost four months since the July Visa Bulletin. China EB3 unfortunately is now separate from the EB3 All Chargeability.
India: India has made significant progressions in the last two months. There was excellent progress in India EB2, which has now jumped 13 months since the May 2010 Visa Bulletin from 01 FEB 05. India EB3 is now in 2002 for the first time.
Philippines: The Philippines’ Priority Dates remain with the All Chargeability countries, which is a good sign. The EB3 has leapt ahead in recent months.
FSBPT Suspends NPTE Examination for Graduates of Overseas Programs
July 12, 2010
The new exam, which is just for the foreign-trained, is to be called the NPTE-YRLY. FSBPT expects to launch the NPTE-YRLY in the fall of 2011. The FSBPT intends to offer the NPTE-YRLY only once per year, at select test sites to be identified at a later date.
The FSBPT website says that this action is a result of “ongoing security breaches by significant numbers of graduates of physical therapy schools from certain foreign countries.” Two years ago, the FSBPT eliminated the exam from being offered overseas. Today’s action disallows the exam from being offered in the United States as well.
FSBPT’s actions are the result of “compelling” evidence that reflects “systematic and methodical sharing and distribution of recalled questions by significant numbers of graduates of programs in the affected countries, as well as several exam preparation companies specifically targeted to these graduates.” FSBPT’s website says several exam preparation companies engaged in a variety of illegal actions, including widespread sharing of hundreds of live test items.
MU will pass along more news as we receive it.
2010-11 OES Wages Have Been Released
July 9, 2010
Correct application of the PW rules is critical in the H-1B process. Among other wage rules, H-1B Beneficiaries may not be paid less than the Prevailing Wage. There is no affirmative duty to raise an existing H-1B workers’ wage unless an amendment or extension to the H-1B is filed. H-1Bs are the visa of choice for many healthcare occupations including, Physicians, Physical Therapists, Occupational Therapists, Speech Language Pathologists, some nursing roles, and many other allied occupations.
For green card cases, employers should make sure that their postings and advertising processes reflect these increased wages, unless a PWD is already in place. Failure to account for the increased Prevailing Wages could prove fatal to some green card cases.
CGFNS encourages on-line filings
July 6, 2010
CGFNS is one of the major credentials evaluators for internationally-educated students. Their credentials evaluation services include registration and licensure of nurses and other health care professionals, such as Physical and Occupational Therapists.
Perhaps their best-known service is the Visa Screen, which is the CGFNS-branded Healthcare Worker Certificate. US immigration law mandates that all Applicants for nonimmigrant and immigrant visas obtain a Healthcare Worker Certificate prior to entering the US.
- Licensed practical nurse, licensed vocational nurse, or registered nurse
- Occupational therapist
- Physical therapist
- Speech language pathologist and audiologist
- Medical technologist (clinical laboratory scientist)
- Physician assistant
- Medical technician (clinical laboratory technician)