Physical Therapy

[princess0525]

I AM A PHYSICAL THERAPIST FROM INDIA CURRENTLY ON H1B AND WILL BE FILING FOR GREEN CARD THROUGH MY PRESENT EMPLOYER; I HAVE A MASTERS IN PHYSICAL THERAPY WHICH IS EDUCATIONALLY EQUIVALENT TO THE FIRST PROFESSIONAL DEGREE IN USA: THIS IS EITHER A MASTERS OR DOCTOR OF PHYSICAL THERAPY IN THE USA

1. DO I QUALIFY FOR FILING GC IN THE EB2 CATEGORY? IS MY PROFESSION UNDER THE NATIONAL INTEREST WAIVER GROUP?

2. DOES THE PROFESSION OF PHYSICAL THERAPY NEED LABOR CERTIFICATION WHEN APPLYING FOR GREEN CARD THROUGH EMPLOYER?

3. LOGISTICALLY, IS IT POSSIBLE FOR AN INDIVIDUAL TO FILE THE ENTIRE GREED CARD PROCESS WITHOUT A LAWYER?

THANK YOU FOR YOUR PATIENT READING!

[Attorney_20]

Technically, a Labor Certification is required for Physical Therapist positions but the U.S. Department of Labor has "pre-certified" these occupations as jobs that will not adversely affect the U.S. labor force. This means that you can have an employer file the immigrant petition (i.e., Form I-140), along with a pre-certified labor case without having to go through the usual process of placing ads and testing the job market for potentially qualified U.S. workers.

Whether you can pursue an EB2 case depends on whether the job requires an advanced degree and whether you possess the required advanced degree at the time of filing. A National Interest Waiver (NIW) is a separate type of case that does not require the filing of a labor certification at all, regardless of whether it is "pre-certified" or not. You should have an experienced immigration attorney review your case to see if you could qualify for an NIW.

Even though there is no recruitment requirement, there are still several other components to a green card case that should be evaluated by an experienced immigration attorney before filing a case. Issues at the I-140 stage like education equivalency and showing the petitioner's ability to pay the proffered wage and inadmissibility issues at the I-485 stage can prevent you from ultimately obtaining a green card. There are also issues related to maintaining nonimmigrant status while you are working on your green card that should be coordinated properly. It would be a good idea to have an immigration attorney involved in the process to catch any of these potential issues early on in the process.