Cap Exempt H-1B Approval for School District Petitioner (Nonprofit Organization Affiliated with an Institution of Higher Education) in Fort Totten North Dakota and Filipino School Teacher

CASE: H-1B Visa Petition

PETITIONER: School District in Fort Totten, ND

BENEFICIARY: Filipino Elementary School 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 June 2024 to seek assistance from our office for their foreign employee. The beneficiary is an Elementary School Teacher in the Philippines

 

The proffered position for the Beneficiary is an Elementary School Teacher. This is a “specialty occupation” because the 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 is 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 with supporting documents on July 25, 2024, via premium processing. Our client’s H-1B application was approved on August 5, 2024.