Recent News*

On September 8, 2006, an administrative appeals court (the AAO) decided that certain high school teachers may be exempt from the H-1B quota.

By way of background, the H-1B laws provide that institutions of higher learning (i.e., colleges and universities) are exempt from the H-1B quota, but high schools and primary schools are not.  However, institutions that are affiliated with or controlled by institutions of higher learning are exempt.

Often, new teachers teach in high schools and primary schools as part of a program to complete their training and to qualify them for state certification.  These student teacher programs may be administered or controlled by the state's college or university system.  In that case, there may be sufficient control by the institution of higher learning to exempt the student teacher from the H-1B cap.

 

*The information contained on this site should not be used as a basis for taking action or for failing to act.  Instead, it is intended to educate our clients and members of the public generally, and to provide a background for directing case strategy in collaboration with a competent and experienced immigration attorney.  No attorney / client relationship is created by the information provided, and even our existing clients should not take any action unless they are instructed by us to do so.  Information on this site may be outdated or erroneous.  The links to other web pages are provided as a convenience only and we cannot be responsible for the accuracy of information obtained from those web sites.

 

 

 

Copyright 2006 Law Offices of James A. Bach All rights reserved

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  Full Text of H-1B and I-140 portability law, "AC 21"

 
 


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