H1B Visa for Teachers

We receive many requests from School Districts who wish to file a new H-1B Visa petition for a prospective Teacher.

Unfortunately the H-1B visas are used up very quickly. This year the annual quota of 85,000 was used up in 5 days.

If you are a School District Administrator and wish to file a Cap Exempt New H-1B Visa for a Teacher who has not been in H-1B status for the past 6 years, you must be able to prove that you are exempt from the annual numerical H-1B cap/quota.

There are certain School Districts who are exempt from the annual numerical H-1B cap/quota.

In order to qualify for this exemption to the annual numerical H-1B cap/quota, USCIS requires that the petitioning School District must be able to prove the following:

1) The School District must be a not for profit entity.

2) The School District must have an Affiliation Agreement with a University.

3) The School District must have filed for, and received approval for, an H-1B petition filed under the University Affiliation Numerical Cap Exemption since 2006.

When filing the new H-1B visa petition with USCIS, the petitioning School District would submit a copy of the Affiliation Agreement with a University and a copy of the I-797 Approval notice from the previously filed cap exempt H-1B petition.

Click here to see the May 16, 2011 USCIS memo.

We also receive many requests from Teachers in H-1B status who wish to transfer to a different school district.

This requires that an H-1B Transfer petition be filed with USCIS.

If you are a Teacher in H-1B status, or a School District Administrator and wish to file an H-1B Visa Transfer petition for a Teacher who is in H-1B status, one of the following two conditions must be met:

1) The Teacher holding the H-1B Visa must have previously been filed as cap exempt by virtue of the Numerical Limitation Exemption through University Affiliation.

This can be proven by showing the USCIS Form I-129 H-1B Data Collection and Filing Fee Exemption Supplement that was filed with USCIS (page 19).

Page 19, Part C, Letter B would have to be checked as Yes.

or,

2) The petitioning School District has been determined to be exempt from the annual numerical H-1B cap/quota.

There are certain School Districts who are exempt from the annual numerical H-1B cap/quota.

In order to qualify for this exemption to the annual numerical H-1B cap/quota the petitioning School District must be able to prove the following:

1) The School District must be a not for profit entity.

2) The School District must have an Affiliation Agreement with a University.

3) The School District must have filed for, and received approval for, an H-1B petition filed under the University Affiliation Numerical Cap Exemption since 2006.

When filing the new H-1B visa petition with USCIS, the petitioning School District would submit a copy of the Affiliation Agreement with a University and a copy of the I-797 Approval notice from the previously filed cap exempt H-1B petition.

Click here for a sample Affiliation Agreement between a University and School District.

Applying for a 3 year renewal when a 1 year temporary license is issued:

Admission and Extension for H-1B—8 C.F.R. §§214.2(h)(9), (13), (15).

CIS officers should not be arbitrarily limiting approvals to time period left on professional license when such license, e.g., teaching, is renewable. Letter, Brown, Acting Chief, NIV Branch, Adjudications, CO 214h-C (July 14, 1995), reprinted in 72 No. 31 Interpreter Releases 1093, 1109-10 (Aug. 14, 1995).

Nonprofit Religious Organizations

In a non-precedent 8/9/10 decision, AAO reversed CSC denial of H-1B visa for a nonprofit religious organization, finding that petitioner met H-1B cap-exempt status requirements as a nonprofit entity related to an institution of higher education. Click here for a copy of the decision.

Jobs for H-1B Visa Teachers:

Click here for a list of School Districts that have sponsored H-1B Visas for Teachers: http://visasforteachers.org/

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