sustained
H-1B
sustained H-1B Case: Physical Therapy
Decision Summary
The director denied the petition because the beneficiary was not yet licensed to practice physical therapy in California. The appeal was sustained because the petitioner demonstrated that the beneficiary qualified under a regulatory exception which allows an individual to practice under the supervision of a licensed professional while their own license application is pending, as permitted by state regulations.
Criteria Discussed
8 C.F.R. 214.2(H)(4)(Iii)(C) 8 C.F.R. 214.2(H)(4)(V) 8 C.F.R. 214.2(H)(4)(V)(C) California Code Of Regulations Title 16, Division 13.2 1399.10
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