CASE: H-1B Visa Petition
PETITIONER: School District in Halifax, NC
BENEFICIARY: Colombian Spanish Teacher
ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education
Our client is a charter-school district affiliated with several institutions of higher education. They contacted our office in May 2023 to seek legal assistance from our office for their foreign employee. The beneficiary is a Spanish Teacher from Colombia who has been working for this employer for several years under a J-1 status. The beneficiary’s J-1 program was subject to the 2-year foreign residency requirement; nevertheless, she obtained her J-1 waiver.
The proffered position for the Beneficiary is a Spanish 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 2023, 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).
Our office filed the H-1B visa petition via premium processing on June 13, 2023. Our client’s H-1B application was approved on June 23, 2023 without any RFE. She can now work for her employer for three years on an H-1B status.