Physical Therapist are unlike many other occupations which require obtaining a Permanent Labor Certification from the US Department of Labor. Physical Therapist fall under Schedule A which is a list of occupations, set forth at Section 656.10 , for which the Department has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.
The occupations listed under Schedule A include:
• Physical Therapists - who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy; and
• Professional Nurses - who have (i) passed the Commission on Graduates in Foreign Nursing Schools (CGFNS) Examination; or (ii) who hold a full and unrestricted license to practice professional nursing in the state of intended employment.
An employer shall apply for a labor certification for a Schedule A occupation by filing an Application for Alien Employment Certification Form ETA 750, in duplicate with the appropriate BCIS Center, NOT with the Department of Labor or a SWA. The Application does not need to be certified. Rather, it is an uncertified application in duplicate.
After completing the duplicate application, the employer must file an “Immigrant Petition for an Alien Worker” with the Bureau of Citizenship and Immigration Services (BCIS), Form I-140. The employer then attaches the uncertified Form ETA 750 to a completed BCIS Form I-140, along with the appropriate fees, and submits the package to the appropriate BCIS Service Center. The petition is filed by the employer on behalf of the foreign worker and must include the uncertified application for labor certification and other BCIS specified documentation.
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Physical Therapist require Health Care Worker Certification. A health care worker certification identifies and documents that a foreign health care worker has met minimum requirements for training, licensure, and English proficiency in order to be able to fulfill their professional role as a(n):
• Licensed practical nurse, licensed vocational nurse, or registered nurse
• Occupational therapist
• Physical therapist
• Speech language pathologist and audiologist
• Medical technologist (clinical laboratory scientist)
• Physician assistant
• Medical technician (clinical laboratory technician)
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