H1 visa for High School Spanish Teacher

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vinnytheindian

Registered Users (C)
Hello:

I am currently a Masters student in Hispanic Studies, who has completed all course requirements, I just need to take my comprehensive exams in Oct 2008 (therefore will officially graduate in Dec 2008).

I recently received a job offer to teach Spanish at a private school close. This private school is a accredited boarding/day school and is a nonprofit institution. I am currently on F1 visa and have not applied for the OPT. I am keen on apply directly for H1 visa and not apply for OPT if possible. My questions are:

1. Am I eligible to file for H1?
2. If so, does the H1 cap apply to high school teachers in a nonprofit institute.
3. Can I use premium processing for H1, if eligible to file for H1.

The school will support and process my paper work, etc.

Any thoughts/suggestions/feedback from people with similar experience.
 
Teachers are generally qualified for H1B, but most schools do not qualify as quota-exempt institution since its not high-education or research. You will have to wait until April 2009 and if you fetch a visa you can start working October 2009. Good luck!
 
nscagony said:
Teachers are generally qualified for H1B, but most schools do not qualify as quota-exempt institution since its not high-education or research. You will have to wait until April 2009 and if you fetch a visa you can start working October 2009. Good luck!
Click to expand...

I don't remember the wording, but also teachers of other levels qulify for cap-exempt H1B's, as far as I know. My wife just got hers for teaching in an elemntary school and several ISDs in the border region hire teachers from Mexico.
 
vinnytheindian said:
Hello:

I am currently a Masters student in Hispanic Studies, who has completed all course requirements, I just need to take my comprehensive exams in Oct 2008 (therefore will officially graduate in Dec 2008).

I recently received a job offer to teach Spanish at a private school close. This private school is a accredited boarding/day school and is a nonprofit institution. I am currently on F1 visa and have not applied for the OPT. I am keen on apply directly for H1 visa and not apply for OPT if possible. My questions are:

1. Am I eligible to file for H1?
2. If so, does the H1 cap apply to high school teachers in a nonprofit institute.
3. Can I use premium processing for H1, if eligible to file for H1.

The school will support and process my paper work, etc.

Any thoughts/suggestions/feedback from people with similar experience.
Click to expand...
so with the clarification above my answer for a public school would be yes, for private school I am not too sure but I think the answers would be
yes, no, yes.
 
A little more info

Hi Medavid,
we're in the same boat.
My wife has been told that elementary school teachers are not in the cap-exempt category.
Can you tell me when your wife applied for a H1B? Was it before or after April?
Also is the school affiliated to a university?
Thanks
 
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Only an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization is exempt from the quota. Even high schools (public or not) are generally not considered higher education. Being affiliated with a University will also likely not be sufficient. USCIS is dumb but not that blind. The intent of the law is to exempt research from the H1 quota. Teachers don't contribute to research, so even if associated with a University such jobs are subject to the quota. Keep in mind that the burden of proof that the position is exempt is with the applicant.
 
smoulderer said:
Hi Medavid,
we're in the same boat.
My wife has been told that elementary school teachers are not in the cap-exempt category.
Can you tell me when your wife applied for a H1B? Was it before or after April?
Also is the school affiliated to a university?
Thanks
Click to expand...

sorry I hadn't checked my email. I am 100% sure it was cap exempt, the application was made sometime in may or june and approved about a month later. It's a big city's ISD.
 
H1 for teachers at public school is subject to quota, unless "public school" is an institution of higher education, i.e. University.

http://www.murthy.com/Chatdb.asp?Search=&Type=h1b&page=136

Question: Does employment in a public school as a teacher or in a community college as a professor fall under the H1B cap exempt category?

Answer: If one reviews the form to be completed when submitting the H1B petition, it outlines the law that shows the categories exempt from the H1B quota. For example, those working in an institution of higher education like a university, working at a government research institution or an institution affiliated with a university, medical doctors working in a medically underserved area, etc, are cap-exempt. So, the public school teacher may not enjoy the exemption, but the college professor may enjoy the exemption, as the professor fits in the exempt category, as defined under the regulations. Mar-22-2004.
 
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GotPR? said:
H1 for teachers at public school is subject to quota, unless "public school" is an institution of higher education, i.e. University.

http://www.murthy.com/Chatdb.asp?Search=&Type=h1b&page=136

Question: Does employment in a public school as a teacher or in a community college as a professor fall under the H1B cap exempt category?

Answer: If one reviews the form to be completed when submitting the H1B petition, it outlines the law that shows the categories exempt from the H1B quota. For example, those working in an institution of higher education like a university, working at a government research institution or an institution affiliated with a university, medical doctors working in a medically underserved area, etc, are cap-exempt. So, the public school teacher may not enjoy the exemption, but the college professor may enjoy the exemption, as the professor fits in the exempt category, as defined under the regulations. Mar-22-2004.
Click to expand...

I don't know what to say, but this ISD has been getting dozens to hundreds of cap-exempt H1-Bs every year, for several years...
 
ok, I've gathered more information about this, and found out that it is possible only when the schools have agreements with universities/research institutions and I am not very sure what arguments the ISD presents, but they have done it for a long time and assume that the USCIS is ok with it...
hope this helps someone
 
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