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Recent H-1B applications for occupational and physical therapists were denied by USCIS because even though the applicants had Bachelor’s degrees and were licensed in the field, they lacked the equivalent of a U.S. Master’s degree. It was determined that some USCIS examiners were relying on the latest edition of the U.S. Department of Labor’s Occupational Outlook Handbook (OOH), which states that Master’s degrees are the minimum educational requirement for these occupations. On February 19, the Foreign Credentialing Commission on Physical Therapy (FCCPT) wrote that USCIS was applying U.S. standards of education to foreign standards of education. FCCPT clarified that in making its credentials verification, a foreign-trained applicant must have the equivalent of a first professional degree in physical therapy. This degree is defined by the Commission on Accreditation of Physical Therapy Education (CAPTE), who sets the standards for physical therapy education in the United States, as at least a Master’s degree or higher. The letter states: “When the FCCPT issue the Type I Comprehensive Credentials Review Certificate and reports that a candidate has achieved substantial equivalency to a first professional degree in PT in the United States, this means that it is equivalent to at least a master’s degree in PT, awarded at a CAPTE-accredited U.S. institution.” On March 19, the National Board for Certification in Occupational Therapy (NBCOT) wrote a similar letter to USCIS regarding occupational therapist educational requirements. On March 26, CGFNS International wrote to USCIS. This letter outlined the various USCIS regulations regarding degree requirements for health care workers, which explicitly state that the positions require a Bachelor’s degree or higher. CGFNS further stressed that many state licensing boards do not specify the type of degree, and only require graduation from an accredited program. The letter states: “There is no requirement, therefore, that a ‘master’s degree’ is an explicit precondition for a U.S. PT to be licensed or for a foreign PT to be admitted to the United States. As such, the DL Occupation Outlook Handbook (OOH) 2009-09 edition is incorrect.” Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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