BY NOEL REILLY, LL.M.

See also the VisaScreen Application Booklet 

published by the

Commission on Graduates of Foreign Nursing Schools

What kind of visa do I need to work in the U.S.A.? How can I get one? These and other questions many therapists ask about work visas are answered below.

• What is the most common visa used by foreign therapists?

Most therapists coming to work in the United States as temporary workers are admitted in the category called "H-1B." Canadians are also eligible for "TN" visas (formerly called "TC" visas).

• What are the requirements for therapists to obtain an H-1B visa?

A therapist must have the equivalent of a master’s degree. An approved credentialing association must certify that your educational background meets these requirements. Speech- language pathologists must be educated in a program approved by the American Speech- Language -Hearing Association (ASHA) and certify that your educational background meets the requirements needed to obtain licensure.

• What is the procedure for obtaining an H-1B visa?

For persons outside the United States, obtaining an H-1B visa is a two-step process: the United States employer first petitions the Immigration and Naturalization Service (INS) for H-1B approval.

Once this approval has been granted, the therapist applies, usually in person, to the nearest United States Consulate General for an H-1B visa to be stamped in his or her passport.

• How long does it take to obtain an H-1B visa?

Processing by INS varies from one region of the country to another, but an average total time would be 4-12 months.

• Is anyone ever denied a visa?

Yes. However, provided the therapist is qualified, the most common reason for denial is a request for more paperwork by the INS, which can usually be quickly sorted out. Having an intention to immigrate to the United States will not normally preclude therapists from being granted an H-1B visa (but it would affect issuance of a TN and most other non-immigrant visas). A serious criminal record may also be ground for denial.

• Is it possible to come to the United States permanently?

A United States employer may petition directly for permanent resident status ("a green card") on behalf of a therapist; however, such an application may take several months or a year or more to process. Permanent resident status is discussed further below.

• For how long a period will my H-1B visa be granted?

A maximum of six years is permitted. If the applicant possesses only a temporary license then initial admission will be for one year. Once a permanent state license has been granted, further renewals for the remainder of the allotted time are permitted. At the end of six years, the applicant must live outside the United States for at least a year before being eligible to commence a new six-year period.

• Does an H-1B visa authorize me to work for any United States employer?

No. Each H-1B visa is only valid for employment with the employer who filed the original petition. However, if a new employer petitions and is granted a new H-1B visa on your behalf, you can work for this new employer, provided your employment by the first employer did not end before the new work authorization began and provided the total number of years worked in H-1B status does not exceed six.

• Does my H-1B visa entitle my relatives to any rights?

Yes. The H-1B visa permits the holder's spouse and minor children to apply for a dependent's visa known as an H-4 status. Relatives, in-laws or parents are not included. The H-4 visa is valid for the duration of the main H-1B visa.

• What if I wish to work in the United States longer?

You may apply for "permanent residence status." This status means you have been admitted to the United States as an immigrant and may therefore live and work in the United States permanently. This is also known as "green card" status.

• What rights does permanent residence status give me?

All the rights of a United States citizen except the right to vote in elections, serve on jury duty, and hold certain government jobs. Your children and spouse also acquire permanent residence status. Furthermore you can apply for U.S. citizenship, usually after five years.

• How do I obtain permanent resident status?

The two most common ways are either by having a United States employer petition on your behalf, or by being an immediate relative, such as a spouse, of a United States citizen or another permanent resident.

• Does possession of a green card permit me to work for any United States employer?

Yes, provided you have first been employed for a reasonable time by the United States employer that petitioned on your behalf.

Noel Reilly is an immigration lawyer retained by MyTherapyCompany.com.

Originally from the U.K., Noel has practiced law in England, Hong Kong, New York, and Iowa over the past eight years.