Many school districts suffer from a nationwide teaching shortage and are increasingly turning to qualified foreign national teachers to fill open positions.
USCIS H-1B Visa regulations permit certain public school districts to avoid the annual H-1B Lottery and file H-1B petitions throughout the year which has drastically reduced the limitations of hiring and retaining qualified teachers.
This regulation was published in the Federal Register/Vol. 81, No. 223/Friday, November 18, 2016/Rules and Regulations
In order to qualify as exempt from the H-1B cap, school districts must have entered into a formal written affiliation agreement with an institution of higher education.
This is often in the form of a Memorandum of Understanding.
How Public School Districts can be exempt from the annual numerical H-1B cap/quota.
In order to qualify as a Cap Exempt Organization you must be able to present evidence that the “nonprofit entity (School District) has entered into a formal written affiliation agreement with an institution of higher education that establishes an active working relationship between the nonprofit entity and the institution of higher education for the purposes of research or education, and a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education.”
The following are the documents USCIS requires as evidence of the affiliated program to be submitted with the H-1B petition:
– A copy of the affiliation agreement or Memorandum of Understanding (MOU) signed by an authorized official of both the school district and the institution of higher learning.
– Documentation showing an active working relationship between the nonprofit entity and the institution of higher education for the purposes of research or education, and a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education.
– Proof of Not for Profit Status of the School District.
Dual Enrollment Agreements between districts and a college or university, under which students may obtain college and high school credit for taking specific courses, typically meet the affiliation agreement requirement.
- Sample Memorandum of Understanding (MOU) – Dual Enrollment Courses
- Sample Active Working Relationship for College Students performing field experience and student teaching at Public School District.