Availability Of H-1B for School Districts for Immediate Hire Due To Exemption From CAP

Megan Fischer • November 4, 2024

For school districts seeking to hire foreign teachers or other specialized personnel, the H-1B visa program provides a valuable option. However, the H-1B visa program is subject to an annual cap, which has made it difficult for some school districts to obtain the visas they need. Fortunately, an exemption from the cap is available for certain school districts.


Understanding the H-1B Visa Program For School Districts

The H-1B visa program allows US companies to hire foreign workers in specialty occupations, such as teachers or other specialized personnel. To be eligible for an H-1B visa, the foreign worker must have a bachelor’s degree or higher or equivalent work experience. Additionally, the position must be considered a specialty occupation requiring the foreign worker’s specialized knowledge.


The H-1B visa program is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available for those with a master’s degree or higher from a US institution. In recent years, the demand for H-1B visas has exceeded the cap, making it difficult for some school districts to obtain the visas they need to hire foreign teachers and other specialized personnel.


Exemption From the H-1B Visa Cap for School Districts

Certain school districts affiliated with a nonprofit entity can be exempted from the H-1B visa cap, which applies to initial petitions and extensions. To qualify, the school district must prove its nonprofit status and primary purpose to provide educational services directly to students.


How School Districts Can Take Advantage of the H-1B Visa Exemption

School districts affiliated with nonprofit entities can benefit from the H-1B visa exemption, allowing them to hire foreign teachers and specialized personnel without the annual cap. These districts can seek assistance from an experienced immigration attorney to navigate the program’s complexities, meet eligibility requirements, and file necessary paperwork. An attorney can ensure that the school district takes full advantage of the exemption and secures the visas it needs to provide high-quality education to its students. With the help of an attorney, school districts can successfully obtain H-1B visas and hire the qualified personnel they need to provide excellent education services.


If your school district requires foreign teachers or other specialized personnel, contact our immigration attorneys at Taylor and Associates Law P.C. in Brooklyn today to learn more about how we can help.

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