Overview - International Staffing

TheraKare has employed a good number of internationally trained therapists over the years, and find the process is very do-able.  In terms of quality, they have to pass the same exams as American graduates.  They also must prove that their education is equivalent to American training, and prove capability with the English language.  

Employing a internationally trained therapist will generally require you to sponsor them for either an H-1B visa, or a "Green Card".  (Unless you contract one from us...) A basic definition of each of these two categories is:  (We are primarily borrowing from Citizens Services International.)  

• The H-1B Nonimmigrant category is set aside for foreign workers in "specialty occupations" and fashion models of "distinguished merit and ability."  (We don't get a lot of call for fashion models to perform modalities, however...)  The workers in this category may be filling permanent positions in the U.S., as long as they depart the U.S. at the end of their authorized periods of stay, including any extensions of stay.  H-1B workers may seek permanent residence concurrently with petitioning for or holding H-1B status.
• The Immigrant Visa grants the alien permanent residence status, symbolized to many people by the so-called "green card", (which is actually pink), confers on foreign nationals the right to live and work in the U.S. without time limitations.

One exception to all the above is folks from Canada or Mexico; granted special privileges due to NAFTA.  We refer you to Immigration Specialties for details.  

If you wish to explore hiring a foreign worker, the following will give you a summary, with links to more information.  

Facts important to the employer of an H-1B foreign worker:

To qualify as a U.S. employer, the employer must have a U.S. taxpayer identification number.

When hiring an H-1B worker, the employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL). This application requires the employer to describe the position and the salary, as well as attest to facts concerning the wage, working conditions, labor conditions and the giving of notice of the employment.

Once the LCA is approved, the employer then submits an I-129 Petition for nonimmigrant worker, along with related forms and supporting documents, to the Immigration and Naturalization Service (INS). This form documents that the job requires the services of a person in a "specialty occupation", and provides documentation that the worker does, indeed, qualify for the job offered.

The employer of an H-1B worker has certain responsibilities to meet. Once the I-129 is approved, the employer must maintain wage and hour records, as well as information concerning working conditions for similarly situated employees. Upon request, these records must be provided to DOL'' Wage and Hour Division. If the appropriate records are not maintained, the employer could be liable for substantial penalties and fines and even lose the right to apply for immigrant and nonimmigrant visas for up to one year.

Again a summary of Green cards:

There are two main phases to the employment-based process.

Phase I: The alien must be sponsored by the employer, who files documentation with the DOL to certify that there is, indeed, a shortage of U.S. workers for that particular position (called Alien Employment Labor Certification).  Once certified by the DOL, the employer then files a petition with INS to have the alien classified as a person qualified to immigrate.  (For Physical Therapists and Registered Nurses, See Schedule A Occupations.)

Phase II: Once the alien is found qualified to immigrate, he or she may proceed to apply for permanent resident status. This can be done through Consular Processing or by Adjustment of Status.

Once the immigrant visa is issued, the permanent resident may then travel freely on the visa, and may accept employment without restrictions. It is not clearly stated, but we recommend that the foreign worker remain employed by the sponsoring employer for at least six (6) months after the visa is issued to show good intent regarding the employment relationship.

Please note that this discussion is a very abbreviated version of the process. For more information, we once again refer you to Citizens Services International.