CASE: H-1B Visa Petition
PETITIONER: School District in Eagle Butte, SD
BENEFICIARY: Jamaican Kindergarten Teacher
ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education
Our client is a public school district affiliated with several institutions of higher education. They contacted our office in February 2020 to seek assistance for their foreign employee, a Kindergarten Teacher from Jamaica. She has been working for this employer for the last three years under J-1 status. Although she was subject to the two-year foreign residency requirement, she had already obtained a J-1 waiver from the USCIS. We demonstrated that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.
The numerical cap for H-1B visas for fiscal year 2025 has already been reached. However, our client qualifies 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 March 17, 2025, via premium processing. Our client’s H-1B application was approved on March 27, 2025. She can now work for her employer for three years under H-1B status.