How to apply for an H-1B Visa for a Physical Therapist.
This applies to New, Amended, Renewal, Extension, Transfer, Part time and Full time H-1B Visa petitions.
SOC Code for Physical Therapists
All states require physical therapists to be licensed.
Prevailing Wage For Physical Therapists
Job Zone 5
SVP Range: 8.0 and above
3 Digit LCA Code for Physical Therapists
$460 I-129 Fee
$500 anti fraud
25 or more employees: $1,500
Under 25 employees: $750
Premium Processing: $2,500
USCIS Memos for the H-1B Visa Physical Therapist Position
Are there locations where an H-1B worker temporarily performs job duties that will not be considered a worksite and where no new LCA needs to be filed?
Yes. A location where an H-1B worker temporarily performs job duties will not be considered a worksite and no new LCA needs to be filed when the worker travels to a location (1) for employee developmental activity or (2) to fulfill the requirements of a particular job function. With regard to the latter activity, each of the following conditions must be met if the employer chooses to use an existing LCA (i.e., one that applies to a different geographic area):
- The H-1B worker’s presence at the different location is casual and on a short-term basis (i.e., any single visit does not exceed five (5) consecutive workdays for any worker who travels frequently or ten (10) workdays for any worker who travels occasionally);
- The H-1B worker is not at the location as a “strikebreaker”; and
- The nature and duration of the H-1B worker’s job function (rather than the nature of the employer’s business) mandates his/her short-time presence at a different location. For example, in the following situations, an employer could choose to rely on an existing LCA:
- A physical therapist provides services to patients in their homes within a geographic area of employment.
A position can qualify as a specialty occupation even if it permits a degree in more than one academic discipline – InspectionXpert Corporation v. Cuccinelli,
A degree in one specific major is not required – 3Q Digital, Inc. v. USCIS
A specialty occupation is a job that “normally” requires “a” bachelor’s degree – Next Generation Tech., Inc. v. Johnson, Taylor Made Software v. Cuccinelli, 3Q Digital, Inc. v. USCIS