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The H-1B visa category can be a potential option for primary, secondary, or college teachers who possess the necessary knowledge and training, particularly during periods of national teacher shortages. It is designed to allow foreign professionals to work temporarily in the United States, provided they hold specialty occupations. Below are the specific requirements and eligibility criteria for obtaining an H-1B visa for teachers.
The H-1B visa for teachers is a non-immigrant visa in the U.S. that allows schools to employ foreign teachers in specialty occupations. To qualify, the teaching position must require at least a bachelor’s degree in a specific field, and the teacher must meet these educational requirements. A U.S. school must sponsor the teacher and file a petition, including a Labor Condition Application, ensuring that the teacher will be paid the prevailing wage and that their employment won’t negatively affect U.S. workers. The H-1B visa is subject to an annual cap and a competitive lottery system, with an initial duration of up to three years, extendable to a maximum of six years.
Based on the requirements outlined by the USCIS, in order to qualify the teacher must meet these conditions:
Learn how to Get H-1B Without a Degree.
When it comes to sponsoring H-1B visas for teachers, schools in the U.S. can be categorized based on their exemption status from the H-1B visa cap. This distinction plays a significant role in how schools can hire foreign teachers and navigate the complex immigration system.
Certain schools are exempt from the regular H-1B cap, which includes quotas for the regular, master’s degree, and specific nationalities like citizens of Singapore and Chile. The institutions that typically fall under this category include:
In some cases, a school district can qualify as a nonprofit entity and be permitted to file a cap-exempt petition for an H-1B visa for teachers. For a school district to demonstrate eligibility for this exemption, it needs to meet specific criteria:
Additionally, public school districts may be considered cap-exempt if they provide evidence of a formal written affiliation agreement with an institution of higher education. This agreement should establish an active working relationship for the purposes of research or education. Documents like a Memorandum of Understanding (MOU) and evidence of nonprofit status and working relationships are essential.
Schools not meeting the above criteria for cap exemption are subject to the H-1B cap. This means they must adhere to the annual limit set for H-1B visas and participate in the lottery system. The process is more competitive, and timing is crucial as the cap is quickly reached. For these schools, the process involves:
Several U.S. school districts are actively sponsoring H-1B visas for teachers, especially in response to the ongoing teacher shortages and the need for educators with specific skills and qualifications. For instance:
The H-1B beneficiary will need to provide their name, birthdate, home country, passport number, gender and educational information (if applicable).
If you don’t fall under the cap-exempt section, then if you are selected in the H-1B lottery, the next step would be for the employer to file a complete petition. This moves the process along to the adjudication stage. Hopefully, USCIS will approve the petition and then you will be able to start working beginning October 1st.
Oftentimes, a teacher with H-1B status will wish to transfer to another school district which requires a transfer petition to be filed. In order for this to occur a few requirements must be fulfilled:
H-1B for teachers may vary greatly from one school district to another. We recommend scheduling a consultation with an immigration attorney to ensure you receive the most relevant advice.
The H-1B visa for teachers allows an initial stay of 3 years, extendable by another 2 years, totaling 6 years. Further extensions in one-year increments are possible in certain situations. Spouses and children of H-1B holders may qualify for H-4 status, granting them benefits like Employment Authorization Documents (EADs), the option to attend school, potential resident tuition fees, and status change flexibility. For specific impacts on family members and further advice, consulting an immigration professional is recommended.
The H-1B Visa fees for teachers include various charges. The registration fee is $10 but will be increased to $215 after April 1, 2024. Basic filing fees are set at $780 for larger companies and $460 for smaller employers and nonprofits. The ACWIA Training Fee ranges from $750 to $1,500. A Fraud Prevention and Detection Fee of $500 is required, and companies with more than 50 employees, where over half are on H-1B or L-1 status, must pay a Public Law 114-113 Fee of $4,000. The Asylum Program Fee is $600 for employers with 26 or more full-time employees, $300 for smaller employers (25 or fewer employees), and waived for nonprofits. Premium Processing costs $2,805, and attorney fees vary.
Just like for any other H-1B visa option, the USCIS typically extends a premium processing service to teachers who wish to work on H-1B status. This service will shorten the usual processing time from up to six or seven months to just 15 calendar days for a fee of $2,805. This feature does not guarantee you a position in the H-1B lottery nor does it change the earliest start date for your employment (October 1st).
However, there have been times when the USCIS has suspended the premium processing service for H-1B visas. This was done in 2015 and has happened again in 2017.
By law, the single sponsor can only file one registration for any one beneficiary, and one beneficiary cannot have another registration for more than one sponsor. For example, Margaret is being sponsored by Company RexCo. If this company files four petitions in an attempt to help her chances, all of them will be denied because this is not permitted.
VisaNation Law Group’s H-1B attorneys have extensive experience filing H-1B petitions for new clients and explaining the complete details of H-1B for teachers.
They can help you determine whether or not you qualify for the cap exemptions and other benefits as well. If you do not qualify for an H1B or are not selected, you may want to discuss alternative visa options like the J1 visa teacher program which allows foreign teachers to teach in an accredited school for up to three years.
Since cases do vary so significantly, it’s advised to contact VisaNation Law Group today with your specific circumstances to get started.
