QUESTION:

I am a Physical Therapist and am licensed to practice in NY. Could I qualify for an H-1B petition for another state? Is it mandatory that I have a license for the state of intended employment?

IMMIGRATION ANSWER MAN:

An H-1B beneficiary must be able to show that they are eligible to begin employment in the offered position on the start date requested on the petition. For those positions where a state license is required to work in that state, such as is required for physical therapists, the petitioner must show that the PT is licensed in the state in which they will be employed. Being licensed in a different state is not sufficient unless it can be shown that the state of employment would allow the beneficiary to work on the current license.

There is an exception to this rule where the State requires the beneficiary to provide a social security number before they will issue the license, and the beneficiary cannot get a social security number until they are in H-1b status. Where the petitioner can show that the only reason the license has not been issued by the state is because of the lack of a social security number, USCIS should approve the H-1B petition for an initial period of one year.

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Ari Sauer is an attorney with Siskind Susser, PC. For Ari’s full bio, visit http://www.visalaw.com/ari.html. You can schedule a consultation with Ari or with one of Siskind Susser’s other attorneys by calling 1-800-343-4890 or 901-682-6455. 

* On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney.