The October 9, 2014
USCIS Headquarters Question and Answer
session with AILA included a lengthy discussion on the issue of EB-2s for Physical
Therapists. The discussion was unhelpful
and did nothing to make progress son this issue.
This issue is that
the USCIS refuses to acknowledge that the five year, 150+ credits Philippine
degree is equal to a US Master’s Degree in spite of incredible evidence. The USCIS’ refusal to do so means that Philippine
Physical Therapists must file for an EB-3.
We have blogged
on this topic in great detail.
This recent USCIS
Q&A shows the USCIS’ obtuseness on the issue. Instead of articulating a common standard,
the USCIS says,
Rather
than make a blanket statement regarding the merits of degrees evaluated by the FCCPT
to be the equivalent of a first professional degree in physical therapy in the
United States, USCIS will analyze the educational credentials of foreign
workers practicing physical therapy on a case by case basis with due
consideration being given to all submitted materials as well as to other
credible resource material.
“Case by case basis”
is legal code for “we have no standard.”
It simply is not that difficult analysis.
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