CASE: H-1B Visa Petition
PETITIONER: Public School District in Dunseith, ND
BENEFICIARY: Filipina Special Education Teacher
ISSUES: Cap-Exempt H-1B
Our client is a public school district affiliated with several institutions of higher education. They contacted our office in October 2024 to seek legal assistance from our office for their prospective employee. The beneficiary is a Special Education Teacher in the Philippines.
The proffered position for the Beneficiary is a Middle School Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.
In the first week of April, the numerical cap of H-1B visas for fiscal year 2025 was already reached. However, our client was qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education.
Once retained, our office filed the H-1B visa petition with supporting documents on December 2, 2024, via premium processing. Eventually, our client’s H-1B application was approved on December 19, 2024.