New Utah State Law Allows Foreign Professionals to Practice Without Requalification

A new Utah State Law (SB35) implemented on May 3, 2023, allows a wide range of foreign professionals (see full list below) licensed to practice outside of the United States, the opportunity to practice in Utah without requalification, once they obtain a valid work permit. This new initiative not only opens doors for aspiring immigrants interested in moving to Utah, but also for those wishing to live and practice in other States, due to inter-State license portability for certain professions.

It has historically been both time-consuming and costly for internationally trained professionals to practice in the United States. Repeat education, re-training and numerous tests are commonly required, not to mention the fees associated with each of these steps. Law SB35 removes these hurdles, allowing foreign professionals to instantly begin practicing upon their legal entry to the United States (as long as they hold a valid US work permit/employment status).

Let’s take a look at some of the US immigration visa candidates who may benefit most from this new law:

• Spouses of E-1, E-2 and L-1 visa holders.

• O-1 visa candidates.

• EB-1A visa candidates.

• EB-2 NIW (National Interest Waiver) candidates.
  

E-1, E-2 and L-1 Visa Spouses

Spouses of E-1, E-2 and L-1 visa holders are eligible to apply for an Employment Authorization Document (work permit) that gives them the freedom to work anywhere in the US - a great benefit. However, many find themselves in the difficult position of being unable to practice their specialty profession in the United States, due to lengthy and costly requalification processes. Depending on the length of time they intend to spend in the United States, this may or may not be a path worth pursuing.

With the new Utah State Law, E-1, E-2 and L-1 visa applicants may choose to favor a Utah office for a company transfer (if one exists) or to establish a business in Utah, to allow their spouse to easily work within their licensed specialty. Alternatively, as previously mentioned, if another State allows Utah-qualified professionals to easily transfer their professional license, this serves as another option. After all, two household incomes are better than one!

 O-1 and EB-1A Visa Candidates

Commonly known as the “talent” or “exceptional ability” visas, O-1 and EB-1A visas offer legal status to practice a specialized profession in the US. While the O-1 visa grants its holder up to 3 years in the United States and requires a US sponsor/petitioner, the EB-1A provides permanent residency (a Green Card) and does not require a petitioner.

Utah State’s decision to allow a wider range of foreign professionals to practice without requalification will greatly expand the diversity of candidates that can apply for both visas, as long as their sponsor (if applicable) or proposed professional endeavor is in Utah.

EB-2 NIW (National Interest Waiver) Visa Candidates

An EB-2 NIW is an attractive visa for foreign professionals with an advanced degree and/or exceptional ability in their field. This is because it does not require a US sponsor/job offer and offers a direct pathway to Legal Permanent Residency (a Green Card).

Removing professional requalification barriers in Utah opens the door for a whole new set of EB-2 NIW applicants whose proposed endeavor will be based, at least partially, in-state. The ability to immediately practice their specialty profession upon arrival in the US, unhindered, will undoubtedly strengthen their case.

So, Who Does This Apply To?

This new initiative applies to foreign visa applicants who:

• obtain work authorization in the United States

• carry a foreign license in one of the following eligible professions:

  • Accountancy

  • Acupuncture

  • Architect

  • Athlete Agent or Trainer

  • Audiology

  • Building Inspector

  • Burglar Alarm

  • Certified Dietician

  • Certified Nurse Midwife or Direct Entry Midwife

  • Counselor (Clinical Mental Health, Genetic, Substance Use Disorder, Vocational Rehabilitation)

  • Contracting

  • Controlled Substance (Database or Precursor)

  • Cosmetology

  • Court Reporting

  • Deception Detection

  • Dentistry

  • Electrical

  • Elevator Mechanic

  • Engineering

  • Environmental Health Science 

  • Factory Built Housing

  • Funeral Service

  • Geology

  • Handyman or Plumber

  • Health Facility Administrator

  • Hearing Instrument Specialist

  • Hunting Guide/Outfitter

  • Interior Design

  • Landscape Architecture

  • Land Surveying

  • Massage Therapy

  • Marriage and Family Therapy

  • Medical Language Interpreter

  • Music or Recreational Therapy

  • Naturopathy

  • Nursing

  • Occupational Therapy

  • Online Prescribing

  • Optometry

  • Pharmacy

  • Physical Therapy

  • Physician and Surgeon (inc. Chiropractic and Osteopathic)

  • Physician Assistant

  • Podiatry

  • Private Probation Provider

  • Psychology

  • Radiologic Technology

  • Residence Lien Recovery Fund

  • Respiratory Care

  • Security Companies and Guards

  • Social Work

  • Speech-Language Pathology and Audiology

  • Uniform Building Codes

  • Veterinary

In Conclusion…

As evidenced, this new State Law will benefit a wide range of immigration professionals. Over the next few years, we hope to see more States adopt similar legislation, to strengthen professional industries and address skilled worker shortages. With the State of Tennessee already having adopted a similar (albeit more restrictive) initiative, this sets an exciting precedent for US immigration.

If you are interested in starting your own immigration process, don’t hesitate to get in touch with us.