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 January 2026 to seek legal assistance for their foreign employee—a K-8 Music Teacher from the Philippines who has been working for the district under H-1B status for the past three years.
The proffered position is for a K-8 Music Teacher. We demonstrated that this position qualifies as a “specialty occupation” because it requires a minimum of a Bachelor’s Degree in Education or its foreign equivalent. Additionally, our client qualifies for cap-exempt status as a non-profit entity affiliated with an Institution of Higher Education pursuant to 8 C.F.R. § 214.2(h)(19)(iii)(B).
Once retained, our firm filed the H-1B visa petition with supporting documentation on March 2, 2026. On July 9, 2026, we filed a Form I-907 Premium Processing upgrade request with USCIS. Consequently, the petition was approved on July 30, 2026, without a Request for Evidence (RFE).