H-1B Visa For An Acupuncturist

OVERTURNING A CHALLENGING H-1B VISA RFE FOR AN ACUPUNCTURIST

  • Nationality: Chinese
  • Case: I-129 Petition for an H-1B Visa for an Acupuncturist
  • Education: Master of Science in Acupuncture & Oriental Medicine
  • Time: 1 Month
  • Challenges:
    1. Acupuncture clinics do not typically specify the exact major of study required for the position.
    2. Acupuncture clinics generally do not publicly state standard recruitment qualifications.
    3. Students of generalized medicine and specialties in other areas are accepted into Acupuncture training programs.
    4. Unlike medical schools, acupuncture studies readily admit students with no background in medicine, biology, or chemistry.
    5. The California Board of Acupuncture states that a tutorial program would suffice as necessary education for an acupuncture license.
    6. Acupuncture is generally not perceived as a professional medical study in society due to the types of symptoms it treats.

BACKGROUND OF THIS H-1B VISA FOR AN ACUPUNCTURIST

 

Whenever patients share with Ms. Song how her treatments alleviated their pain for the first time in months, she folds her hands and smiles. Besides reducing pain, her treatments have had a major impact on her clients by reducing stress, improving sleep, lifting or stabilizing moods, or improving energy. Ms. Song always felt great satisfaction in taking her skills and using them to improve lives. Because her work was so important, professional, and highly valued, Ms. Song could never understand why her profession was so poorly regarded by the United States Citizenship and Immigration Services (USCIS). Like many other medical professionals, Ms. Song had worked and studied extremely hard to get to where she was, and in order to continue to help people, she wanted to make sure her visa status was more stable.

Due to the fact that 220,000 people a year apply for H-1B visas, there is a hard cap of 85,000 people on how many H-1B applications the United States will accept, so Ms. Song felt fortunate to have been selected to apply. However, her employer’s petition received a long and detailed Request for Evidence (RFE) from the USCIS. Many of her acupuncturist friends’ H-1B applications had been denied in the past, so Ms. Song felt overwhelmed and pessimistic. She already had so many things in her life to worry about and this RFE felt crushing. She was anxious that USCIS wouldn’t view her career as professional and specialized or that they would claim she didn’t need her extensive degree to practice acupuncture.  Fortunately, she turned to the immigration attorneys at Tsang and Associates who know the law well. We took the case out of her hands and into the hands of a specialized H-1B team so that she could focus her life knowing that there were professionals doing everything in their power to fight for her.

KEYS TO SUCCESS IN THIS H-1B VISA FOR AN ACUPUNCTURIST CASE 

 

One of the hardest aspects of an H-1B when petitioning for an acupuncturist position is to prove is how a formal degree in acupuncture is normally a minimum requirement. This is because the industry employs acupuncturists with education in other majors, and the requirement to take the acupuncture license does not include a specialized degree.

For this case, Tsang and Associates had to prove that challenging aspect. According to the USCIS, the evidence submitted did not establish eligibility because O*Net (The Occupational Information Network — an online database containing hundreds of occupational definitions) defined an acupuncturist as Job Zone Five but did not indicate the requirement of a Bachelor of Arts degree (BA) in any specific specialty, nor a requirement for a particular major or academic concentration.

We didn’t let this problem stop us. In order to prove our case, we carefully researched what an acupuncturist did and found evidence that (1) It is a highly professional medical profession, and (2) just like any other medical profession, it requires extensive schooling. After conducting extensive research, our specialized H-1B legal team provided the following exhibits as a response to the letter.

First, we presented information describing the acupuncturist profession as one requiring a Master of Arts degree. Then we presented evidence from a specialty department in our government stating that the profession normally requires a BA or higher. We further explained the license requirements in detail for the education required in acupuncture. After that, we presented evidence from a highly respected acupuncturist council’s website showing that a specialized master’s degree is required for an entry-level acupuncturist position and also evidence from a respected acupuncturist commission showing the qualifications required for the position included holding a master’s degree. We introduced several professional articles from trade publications supporting the proposition that acupuncture practice is complex enough to require at least a bachelor’s degree, thereby meeting the USCIS requirement.

Our legal team’s ability to gather the evidence and craft careful research and analysis of the law was used to build a thorough argument that made sure to give the immigration officer more than enough information that clearly proves that at least a bachelor’s degree is required.

OUTCOME OF THIS CASE

 

Seeing how difficult it was for her acupuncturist colleagues to get approved for the H-1B visa made Ms. Song anxious and pessimistic about the outcome. However, to her surprise, she received notice of the approval of her H-1B visa application within one week. She no longer had to worry about her visa status. She was back at work using her training and specialized skills in acupuncture to improve the health and wellbeing of her patients. Ms. Song is free to continue to help people and have the life in the United States she worked so hard for. Tsang and Associates is honored to have played an important role in making her American dream come true.

You can learn more about our H-1 B visa services, or contact us for a consultation about your H-1B visa case. You may also be interested in reading our other H-1B visa success stories to learn more about how we’ve helped others to secure their visas beyond this H-1B visa for an acupuncturist.

*Name has been changed to protect client identity

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