Rachel Browning’s Legal Blog

I come from a family of educators, so I know the work, dedication and energy that go into being a good teacher.  I also know that teachers are underpaid and under-appreciated, and that most of the public schools in this country remain underfunded.  Still, many devoted educators make the choice to remain in the profession despite the challenges, as if called by a sense of duty.

The topic of immigration seems to elicit a wide spectrum of reactions and opinions these days.  Whether you feel that immigrants – documented or otherwise – are a drain on our economy or the saviors of it, one fact is clear:  the U.S. continues to experience a shortage of teachers.

According to the National Education Association (NEA):

A historic turnover is taking place in the teaching profession. While student enrollments are rising rapidly, more than a million veteran teachers are nearing retirement. Experts predict that overall we will need more than 2 million new teachers in the next decade.

With such sobering statistics, it’s not surprising that school districts have begun to seek alternative avenues by which to recruit qualified teachers.  Many have been recruiting English-speaking teachers from countries abroad to fill the need especially in such areas as math, science, bilingual and special education. The NEA reports that individual schools, districts and state education agencies comprise the largest single type of “importer” of foreign educators. Vocational schools, day care centers and Catholic schools also hire a large number of foreign teachers.

Employers wishing to hire foreign educators can use the J-1 exchange visitor visa and the H-1B specialty occupation visa.  The H-1B is a temporary visa classification for professional workers in a specialty occupation. “Specialty occupation” refers to a job which requires the theoretical and practical application of a body of highly specialized knowledge to perform fully the occupation, and which requires the attainment of a bachelor’s or higher degree as a minimum requirement to perform the job duties.

While most H-1B applicants are subject to the annual quota, certain public school districts may be exempt from the numerical limitations if they are “affiliated” with an institute of higher education – as in through an alternative certification program which has an official agreement with them by which they recruit new teachers.  Our immigration attorneys can explain further how this works and are happy to answer your questions.  Whether you are a prospective teacher, or a school district representative looking to hire, the immigration attorneys at Smith & Garg can take you through the process, step by step.  Visit our website for more information or contact us for a consultation!