The May 20, 2009 Memo from Barbara Velarde, Chief of USCIS Service Center Operations brings a big win for health care employers who sued the agency over an erroneous interpretation of the law, mostly for physical therapists. USCIS was arguing that because the DOL's Occupational Outlook Handbook said a master's degree is now common for PTs, those with only a bachelors degree could not qualify for an H-1B even if they qualify for a license in their state. USCIS has now backed down from that position and stated that USCIS should not look beyond the state licensing requirement.
One important caveat is that this memo does NOT apply for nurses, but only for those occupations that USCIS already accepts qualify as specialty occupations.
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