Manila Embassy denying EB2 Physical Therapist at interview

[physicaltherapist 0]

I've decided to join this forum in an effort to find answers and solutions to ongoing problem with the Manila Embassy. I'm new to this forum so please direct me if I have posted this topic on the wrong thread. If there are other threads similar to this please let me know.

There have been recent accounts of EB2 cases being denied or placed under administrative process in the Manila Embassy during their final interview specifically for Physical Therapist in the Philippines. Though I am not very particular nor updated on a daily basis about this, but this problem has been ongoing for months now. Below is an article written by Hammond Law Group that supports this current problem. If there is anyone out there who has experienced this problem, I am hoping you could share you're experience here and let us together find a solution for this. I am a 25 year-old licensed both local and abroad Physical Therapist with 3 years of clinical experience under my belt. I got my I-140 petition approved last September of 2013 and I am set for an interview next month at the Embassy. I've waited and came a long way to arrive at this point in my career. For those who have any knowledge about this, please shed some light to this issue. Any recent experience in the embassy is very much welcome.

http://hammondlawgroup.com/healthcareblog/2014/04/22/manila-consulate-has-questions-about-eb-2-standard/

Manila Consulate Has Questions About EB-2 Standard

Manila Consulate has questions about EB2 ??? Recently, a number of PT’s who have been approved by the USCIS under the EB2 visa classification based upon having a Bachelor’s degree plus 5 years of progressive experience have been refused an immigrant visa by the Manila post. We have now learned that the IV Chief in Manila has questions about whether a Bachelor’s degree plus 5 years of progressive experience qualifies someone for an EB2 visa and has returned some or possibly all similar files to the USCIS for either revocation or re-affirmation. This issue was in doubt for many years with some Service Centers approving EB2 cases under this standard while others refused; however, in April of 2000, as a result of a class action lawsuit designated Chintakuntla vs. USCIS, the government signed a joint stipulation acknowledging that a Bachelor’s degree followed by 5 years of progressive experience did meet the EB2 standards as being equivalent to an advanced degree and as part of the order signed by a Federal Judge, agreed to re-adjudicate all cases wrongly denied and to follow these guidelines going forward. The USCIS also updated its Adjudicator’s Field Manual to reflect this position. Why this issue has raised its head again in Manila some 14 years after it has been settled is not known. Whether the actions of the Manila post is in violation of the Judge’s order and whether anyone will charge the Post with contempt of court is also not known but, legal action is being considered by several stakeholders.

Mike Hammond

[milimelo 4,196]

Based on what you've written and quoted, you won't qualify for EB2 - you don't have enough experience. Keep working in your field and take on more progressive professional roles so you can substantiate your claims of experience you have come eventual interview time.

[physicaltherapist 0]

I forgot to mention I hold an equivalent to master's degree in the US.

[Boiler 43,433]

Just wondering what the Lawyer handling your case has said.

[coolguy002 0]

I have a MS in engineering out side of USA and another M.S. in USA and am currently a PhD student in USA. Am I qualified to apply with my master degree for EB1 or EB2? If so, what documents do I need?

Regards,

[Boiler 43,433]

Thee is nothing to stop an Employer going straight for GC in fact that I think was supposed to be how it operated. Most seem to go via Work Visa first. The documentation and which category depends on individual circumstances. Something you need to discuss with your Employer and Lawyer