Cap Exempt H-1B Extension Approved for Filipino Math Teacher in Eagle Butte South Dakota

CASE: H-1B Visa Extension Petition

PETITIONER: School District in Eagle Butte, SD

BENEFICIARY: Filipino Junior High Math Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

 

Our client is a public school district affiliated with several higher education institutions. They contacted our office in April 2023 to seek legal assistance for their foreign employee. The beneficiary is a Junior High Math Teacher from the Philippines who has been working for this employer for the last 8 years under a J-1 and H-1B status. 

The proffered position for the Beneficiary is a Junior High Math 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 2024 was reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Our office filed the H-1B visa extension petition with various supporting documents on April 27, 2023. Eventually, our client’s H-1B application was approved on July 5, 2023.  He can now work for his employer for three years on an H-1B status.