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.

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.

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

New USCIS Rule Regarding Cap Exempt for Not for Profits via University Affiliation Agreement. Effective 01/17/2017

Until now, the USCIS has insisted on an affiliation based on shared ownership or control by the same board or federation, or where the nonprofit is attached to the university as a member, branch, cooperative or subsidiary.

The new rule states that as an alternative to the shared ownership or control option the employer may submit evidence of a written affiliation agreement with an institution of higher education.

Qualifying can be demonstrated by presenting evidence that the “nonprofit entity has entered into a formal written affiliation agreement with an institution of higher education that establishes an active working relationship between the nonprofit entity and the institution of higher education for the purposes of research or education, and a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education.”

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/

Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Overview
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Client Reviews

  • Excellent service provided by the Team and every step of the way was very accurate and guidance was brilliant , we use USAVISANOW for our Companies Immigration needs , will recommend to every one.
    ★★★★★
  • After searching for an attorney/firm to prepare my NIW case I came across Marc’s website (usavisanow.com). I was immediately struck by how responsive they were, often answering my detailed questions within an hour. It took about 4 weeks from start the process to filing with USCIS – mostly because of the time it took me to obtain the reference / recommendation letters…
    ★★★★★
  • The Green Card process, or any immigration petition for that matter, can be a very daunting, stressful and confusing process for applicants. Thanks to Marc and his team, my experience (for both my Green Card application from start to finish, and H1B transfer from my former to my current employer) was none of those things.
    ★★★★★
  • I worked with Taylor and Associates Law P.C. on two separate cases — an H1B work visa and a marriage green card — and was very pleased with the high-level of service they provided. The visa process is very overwhelming, but my case manager, Mr. Dorer, made both processes easy and efficient because he is informative and is always quick to respond to my questions in a timely manner.
    ★★★★★
  • Marc Taylor and his team have been excellent in preparing and following-up on our case in a timely manner. The team has been prompt in filing all the paper work for the Green card for my husband. They answered every question I had (and I had a lot of questions!) quickly and clearly. I have already recommended their services to my friend who is getting married next month. Thank you for making this process seem easy!
    ★★★★★
  • We decided to go with Marc for our K-1 visa, for my fiance and son. Marc and his incredible team was an invaluable resource for us in uniting our family. I want to additionally extend my warmest regards and thanks to John for his patience and unwavering support! Thank you all so very much!
    ★★★★★
  • Have been using Marc Taylor’s services, usavisanow.com for a few years. Mr. Taylor provided assistance and guided us through many steps: from the initial H1B visa application all the way to the employment based Green Card. Very professional and quick to respond to our inquiries. The website is easy to use. Very convenient to send documents and track the progress of your application. Office employees are also very helpful and responsive.
    ★★★★★
  • My marriage based permanent residence case was prepared professionally and filed quickly. They responded to my emails in a very detailed and timely manner. The whole process was done online. They kept me updated about my case status during the whole process. Thank you Marc and your team for helping me through this process and not charging me thousands of dollars like some other lawyers.
    ★★★★★

Read More Client Reviews