Visa Application Process

H-1B Employment-Based Visa. The H-1B visa is an employment-based visa available to aliens [foreign nationals are sometimes called aliens by the USCIS] who are coming to the US to perform services in a specialty occupation, such as teaching, engineering, business, computer science, accounting, and finance and most other professional occupations pursuant to the provisions of the Immigration and National Act.

H-1B Allocation. Each fiscal year beginning October 1, the United States Citizenship and Immigration Services allocates 65,000 H-1B visas. Applications can be made as of April 1 for the fiscal year beginning October 1. In the fiscal year 2006, the allocation was completed used by the end of May. In addition to the allocation, there are also exemptions to the numerical limitations. Under special circumstances, Teachers Council has been successful in obtaining exemptions, thereby enabling TC to continue to file applications for teaches after the regular allocation is used.

Qualifications for Visa. To qualify for the H-1B visa, the alien should have at least a Bachelor’s Degree in the related occupation. For example, a teacher who plans to teach math should have a major in math or a minimum of 30 credit hours in math related subjects. The transcript of the applicant will be evaluated by a agency approved by USCIS to determine if the college or university is accredited and if the courses are equivalent to those offered by a U.S. accredited college or university.

Term. The visa is initially granted by the United States Citizenship and Immigration Service [USCIS] [Formerly called INS] for 3 years and in most cases can be extended for up to a total of 6 years. At any time during the 3-6 years of the H-1B Visa, the applicant may apply for permanent residency [Green Card] based upon approval by the employer/sponsor.

DOL and USCIS - US Government Agencies. Teachers must be approved by three US government agencies in order to obtain visa to enter into the US as a professional teacher. Before filing for the visa with the USCIS, Labor Certification must be obtained from the Department of Labor and the School must agree to pay the Prevailing Wage. In most cases, the Prevailing Wage is consistent or lower than what the school pays to regular teachers. TC will inform the school as to the Prevailing Wage for their geographical area. An H1-B visa application is submitted by immigration legal counsel arranged by TC to the USCIS [United States Citizenship and Immigration Services]. The application must include evaluations, job offer letter from the US school, eligibility information from SDE [State Department of Education] or other authorized government agency, transcripts and degrees of the teacher, resumes, evaluation by an approved agency and verification of employment. The visa is normally obtained within 1-3 months provided that allocations are available and scheduling with the Overseas US Consular Office can be quickly arranged. USCIS will guarantee to adjudicate the application within 15 days for a premium-processing fee, which is an optional fee of US$1,000, which is generally paid by the teacher.

DOS - US Government Agencies. The alien must present himself or herself to the US Consul abroad for background review and personal interview. Teachers Council will arrange through immigration lawyers, to provide complete assistance for the processing of the application. After approval by USCIS, the teacher will undergo a personal interview and background screening at the Overseas US Consular Office, which is an agency of the Department of State (DOS). Teachers must verify their education and teaching background .

English language fluency at the interview is also important. The teacher will present medical examination certification and police clearance. DOS will verify that all information provided by the teacher is true and correct and that the teacher has no history of any violations of a criminal or immigration nature. This is an additional procedure mandated by the Department of State that insures that the qualifications of the teacher are true and accurate and that the teacher has no prior criminal, medical or other problems that would make them ineligible for the H-1B visa or not conform to employment practices and policies of the school. TC is always there to arrange the immigration legal counsel and to assist the teacher and school at every step, including application and interviews with the US government agencies..

Dependents. The alien’s dependents, i.e. spouse and children may accompany the alien to the United States and are granted H-4 visas.

Transfer. The alien may also transfer their H1-B visa to another employer upon application and approval from USCIS.

Permanent Residency [Green Card]. During the term of employment under the H-1B visa, application may be made for Permanent Residency based upon sponsorship by the School.