CASE: H-1B Visa Petition
PETITIONER: School District in Parshall, ND
BENEFICIARY: Filipina K-8 Music Teacher
ISSUES: Cap-Exempt, Research Organization
Our client is a public school district affiliated with several institutions of higher education. They contacted our office in April 2023 to seek legal assistance for their foreign employee. The beneficiary is a K-8 Music Teacher from the Philippines who has been working for this employer for the last 4 years under a J-1 status. Her J-1 program was not subject to the INA 212(e), two-year foreign residency requirement.
The proffered position for the Beneficiary is a K-8 Music Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.
In the first week of April, the numerical cap of H-1B visas for fiscal year 2024 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B).
Upon retention, our office filed the H-1B visa petition with various supporting documents on May 25, 2023 via premium processing. There were no Requests for Evidence during the processing of the H-1B. Our client’s H-1B application was approved on June 5, 2023. She can now work for her employer for three years on an H-1B status.