EB-2 IMMIGRANT VISAS FOR PHYSICAL THERAPISTS
Because Physical Therapists have beendesignated by the U.S. Department of Labor as a ‘Schedule A occupation’, theyare exempt from the labor certification process (PERM) required for mostemployment based immigrant visas. PhysicalTherapy positions are eligible for EB-2 classification. The EB-2 category isthe immigrant visa classification for positions requiring at least an advanceddegree (Master’s degree or higher) or a Bachelor’s degree and five years ofprogressively responsible experience.
Generally speaking there is no backlogfor EB-2 visas for most countries (excluding India, Mexico, and China) and thusan immigrant visa can be obtained “immediately” as soon as the normal case processingis completed. In contrast, obtaining an immigrant visa for an individual filingin the EB-3 classification is currently a lengthy process which takes betweenfour to seven years.
The USCIS has struggled with processing PhysicalTherapist EB-2 petitions. At issue is notwhether these positions require a Master’s Degree. At issue is whether the Beneficiaries holdthe US equivalent of a Masters Degree. Theproblem stems from the fact that many Philippine colleges issue a diploma labeled“Bachelors” degree”. When US educationalevaluators review the diploma, coursework, and credit hours, they equatethis education background to a US Masters Degree. Educators such as FCCPT and 53 US stateand territory licensing jurisdictions all universally find that these degreesare equal to a US Masters Degree. All of the private educational evaluators that we have worked with have also issued Masters equivalent opinions. The opinion appears to be universal.
Well, almost universal. The USCIS often looks to AACRAO as itspreferred educational evaluator. AACRAO’sEDGE evaluation system alone has determined that these Philippine degrees arenot equal to a US Master’s Degree. Throughout the summer MU Law has filed severalsimilar briefs explaining this issue to the USCIS’ Administrative AppealsOffice. While we think we have thebetter argument, the decision-making rests in the AAO’s hands. We will let you know as soon as the AAOreleases their decision.
