USCIS Will Accept PT/OT with Bachelors 05/27/09
Later today or tomorrow, the USCIS is going to formally release this Memorandum. (UPDATE: It has been posted). An advance copy was sent to us last night by the DHS’ lawyer in our lawsuit. The Memorandum says exactly what we hoped it would: if a PT/OT (or any healthcare worker) holds a valid unrestricted license, then the USCIS adjudicating officer should not look past the license and “the beneficiary will be considered to meet the qualifications to perform services in a specialty occupation.”
The Memorandum also clarifies what happens if the worker is not in possession of a state license. The USCIS adjudicating officer must first determine the state requirements. Then if the only thing prohibiting the worker from obtaining the license is a SSN or valid immigration status and/or being physically present in the US, then the USCIS should approve the case for one years’ time.
We knew the law was on our side and so it is good to see the USCIS make the proper determination. All cap-subject H-1 cases should be approved, as we’d hoped when we started this.
-Chris Musillo
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13 Responses to this article
Could you please clarify this:
A licensed RN with at least a bachelor degree is qualified for H1B petition?
Wow! that’s so great news for those who were filed this April. We were really praying hard for this.
Does this mean all of us who were filed will be getting approval soon? Thank God..
Thank you HLG.
I’m a PT, btw.
Wow. This is great for those who were filed for h1b. Does this also mean that a PT holding a bachelors but with 5 years or more experience would be accepted for EB2? Thanks
Chris,
"all cap-filed h1b cases will be getting approval..does this hold true as well to those state licensed RNs with >5yrs experience in specialized areas?
please shed some light to those RNs who were filed for h1b …. gratitude.
gud day… to anyone, I just received my nclex-rn candidate report. I passed my exam but the problem is that my date of birth is not correct, does anyone had expereinced like this? what will I do to correct my date of birth. Thank you
Hi starfish,
from my experience being here in the US your date of birth is just as important as your SSN because to acess your data they can use either.Before this haunts you in the future you can contact your board of nursing and/or pearson vue to clear this.Moreover if you will need a visa screen, i think the applicants DOB should match the DOB on the results.Act promptly
sima,
thank you for the info. my agency told me that the healthstaff has already corrected my dob at the nursing board thru online. but i still dont have a new candidate report with a correct dob. hope that they will be issuing me a new candidate report with correct dob.
Thank You and God Bless
Hi Chris,
What will happen to those whose application were denied by the USCIS due to the fact that they were not holding a masters degree?
thanks!
According to Ron, Immigration Information…..
‘The leadership in Congress has made it clear that they want to consider all immigration related legislation as part of a single package. So, unless and until CIR fails, I very seriously doubt that we will see any “stand alone” legislation moving through Congress. What we are seeing are a variety of proposals being introduced with the hope/expectation that they will be included in the omnibus CIR legislation. You can expect to see more individual bills like this introduced in the next month or two, leading up to the introduction of the big CIR package.’
So, its looks nothing is gonna happen near future…
Chris,
What is your opinion?
Here is the link for above post
http://immigration-information.com/forums/showthread.php?t=8121
Hi Chris and HLG,
Was just wondering, do we have enough support to attach H.R.2536 to Health care Reform bill that the president wants passed ASAP? I think this is an opprtunity we shouldnt dare miss.What do you think
hi chris,
just want to ask if hr 2536 is to be marked up on 6/4/09, house judiciary committee did not specify what immigration bill of H.R.? bill on their legislative schedule…wonder if you have any inside information?
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