Healthcare Blog

Sen. Chuck Grassley (R-IA) has temporarily blocked the Senate from passing HR 3012, the Fairness for High-Skilled Immigrants Act. The companion Senate bill was introduced by Sen. Mike Lee (R-UT). It is labeled S. 1857.

HR 3012/S 1857 seeks to eliminate per-country caps on employment-sponsored green cards. Sen. Grassley has held the bill because "it does nothing to better protect Americans."

Sen. Grassley has long sought major changes in the H-1B rules. He has not specified what changes he is seeking in HR 3012/S 1857. It does not seem likely that the Senator would allow any amendment to increase visa numbers or provide for a faster-track Schedule A visa process.

On Tuesday, November 29, the House of Representatives passed HR. 3012, the Fairness for High-Skilled Immigrants Act by a vote of 389-15. The Senate must now consider the bill. If the Senate passes HR 3012, President Obama is expected to sign the HR 3012 into law.

The measure, if passed into law, would eliminate the per country numerical limitation for employment-based immigrants. The Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any foreign country in a year cannot exceed 7% of the total number of such visas made available in that year. The bill eliminates this per country percentage cap in a phased in process between 2012 and 2015.

The next National Physical Therapy Exam is scheduled for December 5, 2011. The NPTE’s website regularly publishes the lists of test sites and the number of seats that are available for each site. The list breaks down by individual Prometric facility. Prometric is the independent test administrator for the NPTE. The NPTE is written and graded by the Federation of State Boards of Physical Therapy (FSBPT).

The USCIS announced that the Fiscal Year 2012 H-1B cap was reached on November 22, 2011. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after November 22, 2011.

International workers who are working in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B must wait to file their Petition until April 1, 2012, for an employment start date of October 1, 2012. "Cap-subject" H-1B petitions include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

For many non-Indian and non-Chinese natives, the EB-2 Permanent Residency visa (green card) provides a fast and cost-effective alternative to the H-1B process. The EB-2 also allows for a much faster green card process when compared to the EB-3 Permanent Residency process.

The EB-2 is available when the employer requires a Masters Degree for entry into the position and the Physical Therapist holds a Masters Degree. USCIS regulation says that a Masters Degree is equivalent to a Bachelors Degree and five years of progressive experience.

MU Law has successfully applied for the EB-2 for many Physical Therapists who have five years of progressive experience in occupation after the attainment of their Bachelors degree.

The USCIS has been inconsistent in their adjudication of Physical Therapist EB-2 Petitions when the Therapist holds an FCCPT “first professional degree” evaluation. The inconsistency largely is due to some degree being titled, Bachelor Degree, when in fact, these degrees are equivalent ot a US Masters Degree.

Legally speaking, the USCIS ought to be approving these Petitions since the independent FCCPT evaluations equate the Physical Therapists foreign degrees to a US Masters Degree. FCCPT is a premier credentialing evaluator for Physical Therapists. In May 2010, its FCCPT Type I Certification was re-certified by the USCIS until 2015. CGFNS offers a similar certification called the Visa Screen. CGFNS is also a premier credentialing evaluator for Physical Therapists.

MU Law successfully has filed many EB-2 Petitions for many Employers and Therapists. These Petitions are not simple filings, but require a substantive legal analysis of the employer’s hiring practices and the Therapists’ educational background. If you are interested in having an MU attorney review your matter for applicability as an EB-2 Permanent Residency green card, please contact Chris Musillo or Cindy Unkenholt.