H-1B visas - Teachers - Deadlines Approach

McKinney & Justice prides itself in serving teachers in public and private schools, universities, and program organizations. We work with teachers and their employers to identify the best temporary and immigrant visa options, and to identify options for spouses and other family members as well. We have extensive experience in handling H-1B, PERM and other employment-based cases for ESL, TOESL, Special Education, Spanish* and other teachers and professors in North Carolina, Virginia and other states.
 
Because teaching positions generally are considered professional occupations, the H-1B visa often is the most appropriate visa category for teacher work authorization. Our immigration attorneys are quick to resolve issues regarding whether there are licensing issues that will impact on visa eligibility, and whether a provisional license will result in a grant of less than 3 years of H-1B status. We work with credential evaluators to obtain equivalencies for a U.S. bachelor's degree in education or the specific field of instruction, etc., to avoid common problems many teachers and schools encounter when filing for H-1B status.
 
March of 2008 is the “H-1B season” DEADLINE for teachers who are subject to the H-1B cap to get their cases in line to be filed for April 1, 2008 delivery and a start-work date of 10/1/08.
 
Good planning and legal advice is critical. If you are not sure whether you or your employee is subject to the H-1B cap, please contact us as soon as possible for a consultation. Our immigration attorneys will work with both the school and teacher to determine whether there are any options for avoiding the H-1B cap, so that the teacher does not have to file on April 1 and can start working in time for school in August. For example, if a public high school is affiliated with a university that qualifies as an institution of higher education under federal law, the teaching position may not be subject to the H-1B cap.

However, proving a proper affiliation for immigration purposes takes time and does not work for every teacher case, so determining H-1B options in March (before the April 1 deadline) is critical. Also, sometimes a change of status from J-1 to H-1B requires a waiver of the 2-year foreign residency requirement. Even if a teacher is not H-1B cap subject, he or she may need to obtain the J waiver now, to obtain H-1B approval before school starts in August or September of 2008.

*Gracias a todos los profesores y maestros que nos ensenaron hablar espanol. Tambien le agradecemos a los profesores que ensenan a los inmigrantes, o a los hijos de inmigrantes, en las escuelas de nuestra comunidad.