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.

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 as a Cap Exempt Organization you must be able to present evidence that the “nonprofit entity (School District) 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.”

The following are the documents USCIS requires as evidence of the affiliated program to be submitted with the H-1B petition:

– A copy of the affiliation agreement or Memorandum of Understanding (MOU) signed by an authorized official of both the school district and the institution of higher learning. (see Sample Memorandum of Understanding (MOU)).

– Documentation showing 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. (see Sample Active Working Relationship for College Students and Sample Active Working Relationship for High School Students)

Please note that If the petitioner is a third party that is not the non-profit affiliated with the institution of higher education, then, in addition to the above the foreign national must be employed with the non-profit in a position that is in furtherance of the research and education purposes of the institution of higher education.

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.

 

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

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