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Hiring Teachers on H-1B Visas


Numerous research reports confirm that the national shortage of qualified teachers in the U.S. continues to grow. As per research conducted by the Learning Policy Institute (LPI), 1 out of 10 positions for teachers are either open or are being filled by someone who does not have the right qualifications or certification.

H-1B Visa for Teachers

The H-1B visa is a great option for schools and colleges to meet the teacher shortage by hiring qualified foreign teachers.

In order to qualify for the H-1B Visa, the teachers must:

  • Hold a bachelor’s degree or higher as required for the teaching position or in the case of a foreign degree, have the equivalent of a U.S. bachelor’s degree or higher.
  • Must possess any required licenses or certifications for the specific teaching position

The good news is that non-profit schools and institutes of higher education do not need to go through the lengthy H-1B Cap lottery process and in effect are “Cap Exempt”, as long as they fall under one of the following criteria:

  1. Institutes of high education; or
  2. Governmental research centers; or
  3. Non-profit entities affiliated with institutes of higher education or governmental research centers

A non-profit entity/ school is considered to be affiliated with institutes of higher education if it satisfies any one of the following conditions:

  • The non-profit entity/ school is connected or associated with an institution of higher education through shared ownership or control by the same board or federation; or
  • The non-profit entity/ school is operated by an institution of higher education; or
  • The non-profit entity/ school is attached to an institution of higher education as a member, branch, cooperative, or subsidiary; or
  • The non-profit entity has entered into a formal written affiliation agreement with an institution of higher education

Non-profit schools can meet the requirements for hiring H-1B cap exempt teachers by providing the following documents:

  • Evidence of “not for profit” status
  • Affiliation agreement or Memorandum of Understanding (MOU) between the school district and the institution of higher learning.
  • Dual Enrollment Agreement between the school district and college or university for obtaining college credit for high school students

Hiring foreign teachers on H-1B visas is a great option for schools and colleges to meet the growing teacher shortage but it is important to provide the appropriate supporting documents to USCIS to make sure the H-1B application is approved.

At Verma Law Firm, we have over 20 years of experience in employment immigration. Our team of Immigration Attorneys will work with you throughout the process to understand your specific needs and develop the best strategy for success.

Contact Verma Law Firm today to discuss how you can hire teachers on H-1B visas.

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