Important Update To School Districts on USCIS H-1B Filing Interim Guideline

  • 31 Mar

infoPublic School District Superintendents & HR Directors:

As a follow up to our last week’s update regarding the new H-1B filing, we want to keep you updated on the latest development regarding the H-1B filing.

Effective immediately on March 18, 2011, the US Citizenship and Immigration Service has announced its temporary interim procedures to H-1B non-profit entity petition filed with the CIS seeking H-1B cap exemption based on an affiliation with or related to an institution of higher education.  According to the memo, CIS will give deference to prior determinations made since June 6, 2006, in other words, if a school district has filed H-1B petition on or after June 6, 2006 successfully as cap exemption based on an affiliation with or related to an institution of higher education, absent from any significant change in circumstance or clear error in the prior adjudication, CIS will deem the school district is still exempted from the cap so long if the school district can provide a copy of previously approved cap-exempt petition.

US CIS emphasizes that these measures will only remain in place on an interim basis, USCIS will provide more guidance in the near future.  Our office will keep you updated as details become available.

If you have any quesitons about this posting or wish to learn more about H-1B visa or H-1B cap exemption related topics, you can email your questions to us directly to: This email address is being protected from spambots. You need JavaScript enabled to view it. and our experienced immigration lawyers will respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, Where YOU Matter the Most.