The H-1B has many restrictions, most importantly the location of workplace/employment that is “authorized” by the US Government in the I-129 Petition. With regards to the following types of therapists:
- Physical Therapist
- Occupational Therapist
- Speech Therapist
- Speech-Language Pathologist
the location of where work occurs can raise issues and violations. Besides the employer’s place of business, many therapist positions require the foreign national to work in a 3rd party client location or to provide patient home service.
If the Physical Therapist will be working solely at the employer’s place of business, the employer will need to provide copies of the company’s three most recent Federal Income Tax Returns to show that the business is operating consistent with the need of hiring an additional therapist.
If the Physical Therapist will work at a third-party client site, the employer needs to provide copies of contracts with the third-party client, such as a Master Services Agreement.
If the Physical Therapist provides services to a patient in the patient’s residence within the same geographical area of the place of business listed in the Labor Condition Application (LCA), a new LCA is not required if certain conditions are met.
These Work Location rules apply to other healthcare worker positions as well, but they are common issues for therapists on the H-1B Visa.
If you have any questions or wish to speak with one of our Immigration Attorney, please contact our Immigration Law Firm to set up a consultation.
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