Physical Therapist Green Card - Overview
Immigration Attorney
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What is it: The Department of Labor (DOL) maintains a schedule of occupations in its regulations for which the individual permanent labor certification procedure is not required. The schedule of precertified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation's inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the Immigration & Naturalization Service (USCIS) without first going to DOL for a labor certification. The position of Professional Physical Therapist is included on Schedule A. Who Qualifies: A Physical Therapist with a 4 Year Bachelor Degree in Physical Therapy, or equivalent, and, A Physical Therapist with a State License, or, A Physical Therapist with a letter from the State Licensing Authority for the state of intended employment stating that the Foreign National Physical Therapist is qualified to take that state's written licensing examination for Physical Therapists. The Application Process if the Nurse is Outside the U.S.: The Employer files the Form I-140 and Form ETA 750 Parts A and B with the USCIS. Once the USCIS approves the I-140 Petition (3-6 months), the USCIS first sends the I-140 Petition to the National Visa Center (NVC) in Portsmouth, New Hampshire. If there is no backlog for immigrant visas from the Physical Therapist’s native country (her “priority date” is “current”), the NVC forwards a packet to the Physical Therapist containing biographical information forms to be completed by her and her family members, and a list of documents which must be presented at her interview for permanent residence. The Physical Therapist sends the signed and completed forms to the U.S. consulate where the Physical Therapist will have her interview for permanent residence. At this interview, the Physical Therapist must present various documents including the following: a. Application for Immigrant Visa b. Police Clearance c. Birth Certificate d. Marriage Certificate, if any e. Divorce or Death Certificate of Spouse, if any f. Valid Passport g. Medical Examination h. USCIS Photographs i. Recent job offer letter (or employment contract) j. Financial information regarding employer k. Government filing fee The Application Process if the Physical Therapist is Inside the U.S.: The Employer files the Form I-140 and Form ETA 9089 with the USCIS. Once the USCIS approves the I-140 Petition (3-6 months), the Physical Therapist may submit an application for Adjustment of Status. The Physical Therapist may start work as soon as she/he receives Work Authorization. However, a Physical Therapist can not qualify for permanent residence until she presents a Type II certificate issued through the FCCPT Visa Credential Verification. |