CASE: H-1B Visa Extension Petition
PETITIONER: School District in Eagle Butte, SD
BENEFICIARY: Filipino Junior High Math Teacher
ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education
Our client is a public school district affiliated with several institutions of higher education. They contacted our office in April 2026 to seek legal assistance for their foreign employees. The beneficiary is a Junior High Math Teacher from the Philippines who has been working for this employer for the last 11 years under J-1 and H-1B status.
The proffered position for the beneficiary is a Junior High Math Teacher. We demonstrated that this is a “specialty occupation” because the minimum requirement for the position is a bachelor’s degree in education or its equivalent. Additionally, our client qualifies for cap-exempt petitions as a nonprofit organization affiliated with an institution of higher education, as defined in 8 C.F.R. § 214.2(h)(19)(iii)(B).
Once retained, our office filed the H-1B visa extension petition with comprehensive supporting documents on June 1, 2026, via premium processing. The petition was approved on June 23, 2026, without a Request for Evidence (RFE). As a result, the beneficiary is now authorized to work for the employer under H-1B status for an additional three years.