PT Petition Guide

[von]

Here's one article that I've seen about 4 or 5 months ago (not sure ).
It is very informative that I thought of posting it here.
Just a reminder though that it was written a couple of months back,
thus some info may not be accurate anymore.
Just the same, I'm sure you'll find it to be a good reading!

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PT Petition Guide
By Crispin R. Aranda

Physical Therapists could be sponsored by willing and able employers (rehab centers, facilities or agents acting as employers, providing temporary contractual services to their clients). The sponsorship could be either on working (H-1B) or immigrant (EB3) visas. For immigrant visas, no individual labor certification is needed because PTs are included in the Schedule A category by the U.S. Labor Department - meaning PTs are certified to be an occupation in short supply and thereby has a blanket labor certification.

Difference between H-1B and Immigrant Visas

Working Visa. H-1B is a temporary working visa wherein the PT may stay for a maximum of six (6) years in the U.S. in H-1B status. The filing fee is much higher but the processing and waiting period is shorter, 1 to 6 months. The employer does not have to advertise for the position but must obtain (a) Prevailing Wage Determination; (b) Labor Condition Application prior to filing the (c) I-129 Petition for Nonimmigrant Worker (H-1B).

Immigrant Visa under the EB3 (Employment-based third preference category) is a permanent visa in which the PT is going there as an immigrant. The PT gets the green card anywhere from 4-6 months from admission. The filing fee is only $130 per applicant for the immigrant visa (I-140) petition. But the waiting period could be anywhere from 10-16 months. The employer does not have to advertise because PTs are still included in the Schedule A Occupations - meaning this category is considered an occupation in short supply thereby has a blanket labor certification from the U.S. Department of Labor (See below for comparison).

H-1B Working Visa

Duration
Temporary, max. -6 years

Labor Dept. Procedures
Determination of prevailing wage Labor Condition Application

Filing fees
$1,130 standard plus $1,000 for Premium processing fee if a quicker decision is desired

Processing time
*15-30 days w/ add'l $1,000 fee;
*3-6 months w/ standard fee

Ability to Work
Needs license to practice as PT Or limited work permit to practice While waiting for results of board

Not authorized to work in any other job because ability to work is based on H-1B visa

Could be deported for working as PT aide (if s/he fails the exam,unless s/he obtains work permit from INS) since the H-1B visa specifies PT work.

EB3 Immigrant Visa

Duration
Permanent

Labor Dept. Procedures
Has blanket labor certification, no need To advertise

Filing fees
$135.00

Processing time
10 - 18 months

Ability to Work
Also needs PT license, but can work other jobs without license because of immigrant status. Healthcare related jobs require licensure but s/he wil not be deported for not an exam


New Requirement for PTs and other healthcare workers.

On Dec. 17, 2003, the Department of State issued an interim rule (effective from the date of publication) requiring all foreign healthcare workers - including PTs - to first obtain a Certification from the CGFNS or other approved credentialing organization before a working (H-1B) or immigrant visa would be issued. The Texas PT board exam instructions require PT license takers to pass the TOEFL (237 score for computer based); TWE (score of 5.0) and TSE, a score of 55. For TSE, a score of 50 will be considered if certain other material is submitted (no mention of what the other materials are).

The interim rule of the Dept. of State and the Texas board requirement will have to be complied with by each immigrant visa and working visa applicant.

Petition / Immigrant Visa Issuance Procedures

1. Candidate Selection/Recruitment. Based on Employer requirements, the Immigrant Visa Center (acting as representative of a sponsoring Employer) advertise for qualified candidates, interview and collect documents to establish qualifications. No POEA contract would be required because PTs in this scenario are being petitioned as immigrants.

2. Documents from Employer. Legible, clear copies of the following documents are needed from the Employer/Sponsor. The documents need not be authenticated.

a. Business license of Employer/Sponsor for the specific facility or location where the applicant will work.

b. Financial statement for the preceding year or Corporate Tax Return or tax return filed by the business.

c. IRS Employer ID number

d. Information about the employer or profile of the company: when established, the current gross and net annual income, number of employees.

3. Credential Evaluation. Each applicant must have her/his credential evaluated first by a evaluating agency recognized by the Board of Texas. Applicant will have to pay for the cost prior to acceptance. These are:

a. International Credentialing Associates (ICA)
7245 Bryan Dairy Road, Bryan Dairy Business Park II
Largo, FL 337777
Phone: [phone]
Fax: [phone]
Email: [e-mail]

Credential Evaluation Fee, general report :
Not yet available.

b. International Consultants of Delaware, Inc.
(ICD or ICDEL)
625 Barksdale Road, Suite 109
Newark, DE 19711-3258

Evaluation Fee for PT - $225.00
Re-evaluation report $100.00

c. The University of Texas at Austin
Measurement and Evaluation Center
2616 Wichita Street, Box 7246
Austin, TX 78713-7246, [phone]
Website : www.utexas.edu/academic/mec

4. Filing the Petition. If IVC is authorized to accept candidates based on Employer requirements, IVC completes the I-140 Immigrant Visa Petition for each applicant accepted for sponsorship by Employer. IVC shall forward paperwork necessary for the Employer to accept an applicant (through resume, actual, video or audio interview).

5. Petition Processing - The Employer will receive the Acknowledgment Receipt for each petition filed. Employer gives IVC a copy so that the Visa Center could inform the applicant of the case status. The next notice is the Approval Notice, unless the INS requests for more evidence. The Employer should provide IVC with each and every notice received from the INS to enable us to respond accordingly - including and most importantly the RFE or Request for Evidence.

6. National Visa Center

a. Agent Designation. After the I-140 immigrant visa petition is approved, the applicant shall receive a letter and a form DS 3032 from the National Visa Center requesting the applicant to designate an agent (a person or entity that will continue processing of the application). The employer sponsoring the PT normally is designated as the agent. If an attorney represents the employer, there is no need for the Agent Choice Letter. However, the employer/ beneficiary may also designate IVC as the agent to receive the notices until the applicant's final interview at the U.S. Embassy

b. Bar Code and Fee. IVC (if designated as agent) receives a bar-coded form Immigrant Visa Application Processing Fee Bill requesting the applicant to pay $335.00 for each person applying for an immigrant visa based on the approved petition.

c. Applicant receives the DS 230 Immigrant Visa Application Form marked "Fee Paid". Applicant returns the completed and signed form to NVC. In some cases, the DS 230 Form does not have the "fee paid" stamp.

d. Interview. Applicant receives the interview date notice at the U.S. Embassy. IVC assists each sponsored PT in a personal orientation session prior to the interview.

Fees. Employers are supposed to be the ones to pay for the legal and processing fees, including the filing fees and visa fees. Under POEA rules, no fees could be charged from the employee. However, in some cases, the fees are advanced by the employer and deducted from the PT's salary commencing on the first payday of PT's employment.


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