Cap Exemption Requirements For H-1B Teachers


The regular H-1B 2018 cap is broken down by the regular quota, masters degree quota and other (citizens of Singapore and Chile). However, some employers are capable of filing cap-exempt petitions.

These include:

A. Institutes of higher education

B. Governmental research centers

C. Nonprofit entities affiliated with institutes of higher education or governmental research centers. H1B Visa Process Check UT Evaluators

In certain scenarios, however, a school district may qualify as a nonprofit entity and be permitted to file a cap-exempt petition for an H-1B for teachers.

The following points are most useful for school district administrators who are interested in filing an H-1B petition for teachers. To demonstrate that you are qualified to file a cap-exempt petition for a teacher not holding H-1B status in the last six years,

The USCIS requires the following:

A. The district is a not for profit organization

B. Received approval under the numerical cap exemption since 2006

C. There must be an Affiliation Agreement with a university and it must be submitted along with a copy of the I-797 Approval notice (previous cap exemption) when filing the new H-1B petition. For H1B Visa Process Visit here

Individuals in the United States that were already counted against the cap in the previous six years may perform a variety of actions since they are exempt from the cap. The USCIS may process petitions seeking amendments, a change of employer or an extension.

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