H-1B visas - Teachers - Deadlines
H-1B visas – Teachers – 2008-2009 school year visas
Almost all North Carolina schools (and many nationwide) qualify to be an H-1B visa sponsor for teachers and can avoid the “visa lottery” when we help them prove they are not subject to the annual limit on H-1B visas. 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 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 delivery and a start-work date of October 1 of the same year.
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 or January. 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. What does sponsorship mean? Sponsorship does not mean the teacher eats at the kitchen table of the sponsor or is responsible for the teacher’s financial welfare. For H-1B visa purposes, it involves working with attorneys to determine visa eligibility and filing a petition with US Citizenship & Immigration Services. H-1B visas are an affordable option for both teachers and schools.
We ask our teachers and schools to fill out a basic questionnaire, and prepare the appropriate visa petition for filing, based on that information. Our paralegals and attorneys work with schools and teachers to minimize paperwork. For example, if the teacher can help mentor university education majors who are working on the school campus, we help draft the affiliation letter confirming the school-university relationship to qualify the teacher for a visa and avoid long waiting lines. Once the case is filed, if USCIS “premium processing” (15-day turnaround service) is requested, the petition approval, denial, or a request for evidence will arrive within 15 calendar days. Regular processing (a cheaper alternative) takes about 3-5 months for the government to make a decision, depending on current processing times. Once an H-1B petition is approved, the teacher usually may start work immediately; in some cases the teacher must travel to a consulate abroad to obtain a new visa sticker before beginning work.
Sponsorship means that the school files paperwork with the US Citizenship & Immigration Service. It also means the school agrees to pay the teacher at least the “prevailing” wage for that type of teaching job (which under state employment schedules is typically not an issue). It also means the school agrees to post a 10-day notice internally and meet wage and hour compliance laws. Finally, if the teacher is terminated, sponsorship means the school must agree to offer to pay for the teacher’s return trip home (one-way), if the teacher chooses to leave the US instead of taking on another job here. We walk the school through the necessary paperwork to ensure that all visa sponsorship laws are met.
*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.
