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.