H-1B Dismissed — Physical Therapy: the beneficiary was not qualified for the specialty

Decision Summary

The appeal was dismissed because the beneficiary was not qualified for the specialty occupation of a physical therapist at the time of filing. The beneficiary had not yet passed the required National Physical Therapy Examination (NPTE) and therefore did not possess the necessary unrestricted state license to practice in Michigan. The AAO affirmed that H-1B classification is for performing services in a specialty occupation, not for entering the U.S. to take a licensing examination.

Criteria Discussed

Sign up free to download the original PDF