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Immigration Issues/Green Card for Teacher

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Question
Hi Ajay,

I am a first grade teacher currently holding H1B visa. Next year, my school is renewing my visa for another 3-year H1-B.

My supervisor would like to get a green card for me. However, the immigration lawyer our HR assistant has spoken to said it's not advisable since I'm just first grade teacher. The head of our school asked me to find out what we need to do in order to apply for green card. Is it true that it will be hard for a first grade teacher to get green card?

If our school decided to get a different immigration lawyer for me, would you provide that service? What are the chances of me getting my green card?

Thank you!

Answer
Hi,

If the title is simply Teacher (or similar), and requires no special qualification (e.g., special education certification, or expertise in math/science, etc.) then it indeed can be difficult to obtain certification of PERM: www.h1b1.com/laborcert.htm as there is an excess of qualified elementary school teachers at this time due to layoffs and cuts in school district budgets, and many qualified candidates will reply to the required advertising for the position. This will require the employer to interview these candidates and make a determination that they do not qualify for the offered job.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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