H1b Visa: Teacher (Cap Exemption Question)

[palakcute]

Hello
At present I am on OPT. I got a job offer from a Charter Public School. But I do not know whether Charter schools are Non Profit organization or Private schools. Will I fall into H1 b cap or I am exempted if I work in the Public charter school?

I will appreciate if you can answer my question.

 

[laborvisalaw]

Palakcute-

I am afraid that a Charter Public School will not qualify for a H-1B cap exemption status. The USCIS regulations provide that cap-exempt employers are i) institutions of higher education, ii) affiliated or related entities, and iii) nonprofit research organizations.

Unless you can show that the Charter Public School is somehow related or affiliated to an institution of higher education (for example via common ownership), then you are unlikely to be able to get cap-exempt status.

Here's a more detailed explanation of the H-1B cap-exempt categories based on a USCIS Memo from 2006.

Best-