EB-2 for Physical Therapists – All You Need To Know

Physical therapists and certain other health care workers qualify under a process known as “Schedule A” which permits them to apply for an immigrant visa petition with the Department of Homeland Security (DHS) instead of through the Program Electronic Review Management System Labor Certification (PERM).

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According to Schedule A requirements, all physical therapists must be “employed as a physical therapist and possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy” (20 CFR 656.10.).

EB-2 Overview

In order to get a better idea of how the EB-2 works for physical therapists, we first need a brief overview of what it takes to get an EB-2 under normal circumstances.

The EB-2 is an employment-based green card that is reserved for those who have advanced degrees, those who can demonstrate that they have extraordinary ability in their field, and those who qualify for National Interest Waivers.

Advanced Degree

For the advanced degree requirement, one must have a master’s degree or higher. Alternatively, you can have a bachelor’s degree and 5 years of relevant experience in your field. Speak with your attorney to determine if your work experience qualifies as a substitute for an advanced degree.

Learn about EB-2 Green Card Costs.

Exceptional Ability

The exceptional ability criteria can be a trickier subject. The USCIS requires you to present at least three of the following:

• Evidence of a specialized degree or certificate in your field
• Letters that demonstrate that you have at least 10 years of experience in your field
• Any necessary licenses required to perform your occupation
• Proof that you are compensated a large salary for your work
• Membership in a professional organization or association
• Documented recognition for your achievements in your field from esteemed peers and contemporaries

Your attorney can let you know if any supplementary evidence can be substituted for the above.

National Interest Waiver

The last aspect of the EB-2 qualifications is the National Interest Waiver (NIW). Depending on your situation as a physical therapist, you might be able to qualify. The NIW allows you to bypass the requirement that you have a job offer and PERM Labor Certification. To qualify for this, you will need to show that:

• Your work benefits the nation and has substantial merit
• You must be in a unique position to advance your work (e.g. degrees, certifications, past experience, current progress, etc.)
• The U.S. must benefit more from granting you an NIW than it would by enforcing the PERM and job offer rules

If you are looking to get an EB-2 for physical therapists but would like to open your own practice and therefore do not have an employer to obtain a PERM on your behalf, then the NIW may be your best bet.

EB-2 for a Physical Therapist

Since the U.S. Department of Labor has designated physical therapists as an occupation with a national shortage, they’re permitted to file for a green card by demonstrating that they have secured a permanent job offer to work in the U.S., as well as speaking adequate English and meeting several other qualifications.

Fortunately, physical therapists do not have to work only in locations with shortages – they can be employed at any facility in the country where they’ve been offered a position.

Here are the steps in getting an EB-2 for a physical therapist:

• The physical therapist EB-2 application consists of two parts. First, filing the I-140, then the I-485 petition.
• You are able to file the I-140 petition.
• The I-485 petition can only be filed once the priority date is current.

Requirements for Physical Therapists Outside the U.S.

If you are filing while outside the U.S., the process differs slightly. Your employer should file the I-140 and ETA 750 (parts A and B) with USCIS.

After the I-140 is approved by USCIS, the petition will be forwarded to the National Visa Center and if there is no backlog for physical therapist visas in the country or the priority date is current, then the National Visa Center will be sent back to the applicant so they can fill out the remaining biographical information.

Afterward, the applicant sends the completed forms to the U.S. consulate in preparation for their interview. During the interview, the applicant should have the following documents readily available:

• Application for visa
• Police clearance
• Birth certificate and/or marriage certificate
• Divorce/death certificate of spouse (if applicable)
• Passport (valid)
• Medical exams
• USCIS photos
• Job offer letter/ employment contract
• Employer’s financial information
• Government filing fee

Check out all Employment-Based Green Cards.

EB-2 Green Card Application Process for Physical Therapists

There are three major steps to obtaining a green card as a Schedule A physical therapist. The application process involves the United States Department of Labor, the USCIS, and/or the U.S. embassy or consulate in your country of residence. They are as follows:

1. Schedule A Labor Certification (Blanket Certification)

For physical therapists qualifying under Schedule A, your employer does not need to conduct recruitment or apply for labor certification. Instead, employers submit the labor certification application (Form ETA-9089) directly to USCIS as part of the I-140 petition package.

Required Steps:

• Obtain a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center (NPWC) by submitting Form ETA-9141.
• Post a Notice of Filing at the job location for at least 10 consecutive business days, informing U.S. workers of the job opportunity.
• Prepare Form ETA-9089, signed by both employer and beneficiary, and submit it with the Form I-140 to USCIS (not to DOL).

2. I-140 Form

The next step is for your U.S. employer to file an I-140 form, otherwise known as Immigrant Petition for an Alien Worker. In the petition, the employer must prove:

• The job is a Schedule A position

• The wage offered is at least 100% of the prevailing wage.

• You have the minimum qualifications to fill the Schedule A position you are being offered

It will take the USCIS around 7.6 months, according to USCIS data, to process your I-140 petition.

This processing time can be shortened with premium processing service, an optional service that allows visa applicants to receive a decision on their petition within 15 business days for an additional fee of $2,805.

Documents to submit

• The ETA-9089 form
• A Prevailing Wage Determination issued by the State Work Agency (SWA) that has jurisdiction over the intended area of employment.
• I-140 form filing fee
• Evidence of the employer’s financial ability to pay 100% of the prevailing wage determination (such as copies of federal tax returns, annual reports, and audited financial statements). For employers with at least 100 employees, a detailed letter from the Chief Financial Officer can be submitted as proof of financial ability.
• Copy of the posted Notice of Attestation. The notice must include the applicant’s job description, rate of pay, and work hours. It must be posted in the worksite for no less than 10 consecutive business days.
• Evidence of a license to practice in the state of intended employment.

3. Wait for Priority Date to Become Current in Visa Bulletin

You can only move to the next step, applying for the green card, once your priority date is current and there is an immigrant visa number available to you.

Your priority date is the date your I-140 was submitted to the USCIS. You will have to check the monthly bulletin released by the USCIS to know when the date will become current. Here are the details of how the green card priority date works.

4. Adjustment of Status or Consular Processing

Once the I-140 petition is approved, you will proceed by filing for adjustment of status or applying to obtain an immigrant visa abroad, depending on your location.

Adjustment of Status If You Are in the United States

If you are currently in the United States on a valid nonimmigrant visa, you will have the option to petition the USCIS to adjust your nonimmigrant status to a Schedule A green card. You will need to file the I-485 form, otherwise known as Application to Register Permanent Residence or Adjust Status. 

Consular Processing If You Are Outside the U.S.

If you are processing your EB-2 green card from outside the United States, you will have to travel to a U.S. embassy or consulate in your country of residence. This process is known as green card consular processing.

Once the I-140 is approved, the USCIS will send it to the National Visa Center (NVC). You will receive a notification from the NVC indicating the processing fees you are to pay in advance. After making the payment, you will be instructed on the documents required to process your visa and how to submit those documents.

Once that is done, the NVC will schedule you for a visa interview at the embassy or consulate. You will also receive the list of required items to bring along for the interview. You must appear in person for the interview at the time indicated on the notice. 

The interview will be conducted by a consular officer, and if all goes well and you will be granted a visa. The visa’s entry period will be valid for six months, and you will have to use the visa to travel to the United States before it expires.

You will also get a sealed package, which you must present to the immigration officer once you land in the United States. Do not open this package. 

You will then undergo an admission screening, and if you are deemed admissible, you will be admitted to the U.S., and you can start working with your employer as a Schedule A physical therapist with permanent resident status.

Eligibility Criteria for Schedule A Green Card

To prove that you qualify for the physical therapist Schedule A green card, you must meet the following criteria:

• Have at least a bachelor’s degree or the equivalent in physical therapy. The minimum degree requirement may vary depending on the state or the specific position. In some states, you may need to have a master’s degree or higher.
• Have a permanent license required to practice in the state you intend to work.

Another option is to obtain a statement or letter signed by an authorized official in your field indicating that you have the required qualifications to take the state’s written licensing examination for physical therapists.

VisaScreen® for Physical Therapists

The VisaScreen® certificate is another crucial requirement for all foreign physical therapists (as well as certain other healthcare workers) coming to the U.S. to practice either on an immigrant or nonimmigrant visa. The purpose is to certify that you possess experience, training, education, and proficiency in English comparable to what is required of a physical therapist in the United States. As a physical therapist, your VisaScreen® will be issued by the Commission of Graduates of Foreign Nursing Schools (CGFNS) after you have completed the screening program, which will include the following:

• An assessment of your educational records obtained from the schools or institutions you have attended. The records will be compared with the current requirements for the first professional degree in physical therapy in the United States.
• A verification to determine that all your professional healthcare licenses are valid and without restrictions
• An English language proficiency exam (TOEFL)

NOTE: The VisaScreen® Certificate is not required at the early stage of your Schedule A visa application. You will only be required to submit it when it is time for your visa interview at the embassy or consulate if you are going through consular processing. If you are in the United States, you will submit your VisaScreen® Certificate with your Adjustment of Status application.

Other Work Visas for Physical Therapists

H1B Visa

Physical therapists are also eligible for H-1B visas, although in 2009, the DHS was known to deny this visa for physical therapists who didn’t have master’s degrees (but were licensed). Today, physical therapists are typically eligible for H-1B visas since a bachelor’s degree is usually required for that occupation in the U.S.

Note that if you are a physical therapist abroad, you need to submit your credentials to a U.S. state therapy board in order to acquire a permit or temporary license. If you choose this route, you’ll need to take the state licensing exam upon entering the U.S., then proceed to renew your H1B thereafter.

Learn more about Healthcare Visa Green Cards.

TN Visa for Physical Therapists

A TN visa allows Canadian and Mexican physical therapists to work in the U.S. for up to three years, with extensions possible. To qualify, individuals need a bachelor’s degree or a Licenciatura degree in physical therapy or a state/provincial license. They also need a job offer from a U.S. employer and must demonstrate non-immigrant intent.

Who Else Can Apply for Schedule A?

The following individuals can also apply for Schedule A:

• Registered nurses who have received a job offer from a hospital or medical center in the U.S.
• Physical therapists
• Foreign nationals who fall into the category of shortage occupations

Frequently Asked Questions

Below you will find answers to the most commonly asked questions about the topic.

Can a “schedule A” physical therapist downgrade to EB-3 from EB-2? 

Yes, someone in the EB-2 category with an approved I-140 can downgrade to EB-3, since in most instances, someone who meets the EB-2 criteria will meet the EB-3 requirements.

What is the schedule A advantage? 

This is the advantage that the Labor Certification is not a requirement compared to other processes in the employment-based immigration process that require such.

How is a physical therapist defined? 

It is defined as an individual who is trained in the physical therapy field to provide treatment to individuals with disabilities, pain, etc., in the form of physical exercise, massage, and other healing modalities.

What is the VisaScreen Certificate? 

This is a screening measure to ensure that the visa applicants have received the proper education/training and have the necessary English communication skills relative to a physical therapist in the United States.

What is the EB-2 I-140 cost?

The cost is $715, and the employer sponsoring the applicant is responsible for it.

What does a physical therapist need for the I-140?

You need a:

• Bachelor’s degree or higher plus transcripts
• The license in the state you intend to be employed

OR

• A letter/statement signed by an authorized physical therapy licensing representative verifying that the applicant is qualified

For those outside the U.S., you’ll need to obtain the VisaScreen Certificate.

What is the I-140 processing time? 

It can take an average of 7.6 months for the I-140.

Is premium processing available for the I-140? 

Yes, this is an option.

What are the supporting documents necessary for the I-140 Physical Therapist Schedule A filing? 

• I-140
• ETA 9089
• Prevailing Wage Determination
• Notice of Filing
• Evidence of education qualifications
• Evidence of employer’s financial strength with recent company tax returns or paychecks

What is the I-485 fee? 

The fee for the I-485 is $1,440

How VisaNation Law Group’s EB-2 Visa Attorneys Can Help

Filing an EB-2 for physical therapists or any other employment-based green card requires the expertise of a qualified EB-2 visa attorney to ensure that all documents and fees are filed correctly.

The lawyers at VisaNation Law Group will explain every step of the EB-2 process for physical therapists from start to finish. They will help you gather the necessary documents, file the initial petition, and handle any unexpected obstacles, such as Requests for Evidence (RFE). Getting in touch and scheduling an appointment with a green card attorney is as simple as filling out this consultation form.