by Chris Musillo
As we have blogged about in the past, the USCIS' inconsistently adjudicates EB-2 petitions for Physical Therapists. The law is straightforward. If the position requires an Advanced Degree, then EB-2 Petition should be approved. An Advanced Degree is a US Masters Degree, the foreign equivalent of a US Master Degree, or a Bachelors Degree and five years of progressive work experience.
If the FCCPT or another credible educational evaluator finds that the Beneficiarys foreign education is equal to a US Masters Degree, then the EB-2 Petition should be approved, since all US employers effectively require an Advanced degree as their minimum requirement for entry into the petition.
Response: USCIS considers FCCPT evaluations. However, these evaluations are not binding on USCIS. USCIS will continue adjudicating these filings on a case by case basis. Whether the physical therapists are indeed eligible for EB-2 classification depends on the individual facts of each case.
MU Law has been working with AILA on this issue for about one year, helping AILA frame the issue for the USCIS. While the specific language of this Reply is less than ideal, were optimistic that the USCIS is beginning to understand the value and credibility of an FCCPT evaluation. We expect to see more favorable evaluations for properly prepared I-140 EB2 Petitions in the future.
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