H-1 B and teacher Job

P

PKMISHRA

Registered Users (C)
Hi All,

I came to US on B1 2 months ago. I have cleared Teacher's exam and obtained License here. Now I need to get a job offer from any Public school.
I am hearing different opinion about H-1 b cap being applied to teacher's H-1. Does H-1 B cap of 65,000 applies to teacher's H-1 too ?

Thanks
PK
 
Unfortunately, it is most likely that the cap applies. You say that you are applying for a public school teaching job.

The cap-exempt H-1Bs must be in 1) an institution of higher education, 2) related or affiliated to a higher education institution nonprofit entity, or 3) nonprofit research organization or a governmental research organization.

Public schools are not institutions of higher education and research organizations. This leaves with #2. If the public school is affiliated with a higher education institution, then you may be able to file cap-exempt.

We have written a longer analysis on this topic, it may be useful for you.
http://www.cilawgroup.com/news/2008/03/04/guide-to-h-1b-cap-exempt-employers/

Best-
 
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