U.S. CIS Memo To Clarify Education Requirements for H-1B Visas
The U.S. Citizen and Immigration Services (USCIS) within the Department of Homeland Security issued a memorandum to the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in health care specialty occupations, including occupational therapy and physical therapy. Prior to the memo, USCIS was denying H1-Bs for occupational therapists and physical therapists who did not have master’s degrees after misinterpreting academic and education requirements cited in the Department of Labor’s Occupational Outlook Handbook. The National Board for Certification in Occupational Therapy raised concerns about this issue with USCIS and provided a deposition in legal action filed by three health care personnel recruiting firms against the Department of Homeland Security in U.S. District Court for the District of Columbia. Rather than continuing with the legal process, USCIS issued the memorandum, which essentially states that master’s degrees are not required for OTs and PTs seeking H1-B visas. The full text to the memo is available online.