CGFNS Views to USCIS about Physical Therapist Educational Requirements
March 30, 2009 – 11:39 am
With the onset of H-1B filing season, which is due within a few days, last week the Commission on Graduates of Foreign Nursing Schools (CGFNS) International responded to USCIS’s letter asking its views on the educational requirements for applicants for a CGFNS VisaScreen certificate as a Physical Therapist (PT). Under regulations 8 C.F.R. 212.15 the CGFNS is authorized to issue certificates under section 212(a)(5)(C) of the Act for nurses, physical therapists, occupational therapists, speech-language pathologists and audiologists, medical technologists (also known as clinical laboratory scientists), medical technicians (also known as clinical laboratory technicians), and physician assistants.
CGFNS’s response is based on two aspects (1) whether alien’s education, training, licenses and experience are comparable with that required for an American health care worker of the same type, and (2) whether a particular alien’s education, training, license and experience meet all applicable statutory and regulatory requirements for admission into the US. CGFNS stated that in determining degree requirement the crucial factors that govern the requirements of PT were the type of visa and place of employment. PT seeking permanent resident alien status must satisfy the applicable Department of Labor (DOL) regulatory requirements. Foreign PTs seeking H-1B status must satisfy the USCIS rules at 8 C.F.R. 214.2 (h). Applicant for TN status must satisfy the standards at 8 C.F.R. 214.6 and also appendix of NAFTA agreement.
CGFNS observed that most states do not have explicit degree requirements, but instead require a physical therapist to graduate from an accredited program of physical therapy education. Finally, CGFNS suggested in order to evaluate foreign PTs education, the accurate way to phrase the educational requirement is that a combination of course-work in an overall education program approved by the Commission on Accreditation in Physical Therapy Education (CAPTE) constitutes the “comparable” education.
For complete information, please click CGFNS response to USCIS on OOH
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