H-1B For An Educator With A Master’s Degree

H-1B For An Educator From China

Full Video Transcript

It’s 2023 and this counselor in China just could not find work and really, really wanted to come to the United States to tutor. So she found this company that’s willing to sponsor her. The problem is how does this college prep company in the US sponsor an H1B specialized visa for this China counselor that got her master’s degree in China? How is she going to provide services for students in the United States applying for college? Why is that specialized? Why can’t a high schooler do that? And her skill set was a counselor, but this is a college prep course. There were so many questions, but Grace and her team did a fantastic job putting everything together. Filed the case, no request for evidence, the case was approved, she got her H1B, she’s in the US, and in this video, we’re going to go through everything that she did. Let’s go.

Hi everyone, my name is Joseph. I’m the managing partner here at Tsang & Associates where we solve legal problems with creative solutions. So the legal problem in this case was actually pretty difficult because of the current situation in China. A lot of people cannot teach anymore, cannot tutor anymore because it’s against the law. And so a lot of counselors, a lot of people in the education space are trying to leave. Some people have filed their own L1 company, so they’re coming here. Some people have immigrated to other countries, some people went back to school. 

This person found a company in the US that’s willing to sponsor them on an H1B. But why is this role specialized? Why are you a good fit? Why does a company need you? First page, we always explain the petitioner, so we laid out this education company. It’s a small company, relatively startup, and they do counseling guidance on how to get into college. Who knows how to get into college? Every single college student in the United States knows how to get into college. Do you need a bachelor’s degree to know how to help somebody fill out a form to get into a college? Probably not, right? It’s a hard sale to say that. So we positioned the company as a counseling company. It counsels people; she has a counseling degree. Ah, it links. But now the hard argument begins. 

What is the position? The position that was offered and, we did a lot of research, is educational counselor. Well, when we did a lot of research and we found educational counselors. We compared it with three other huge national companies that all have educational counselors, and all of them have bachelor’s degrees. So now we’re able to lay out the demographic. Look, this is how college prep works in the United States. These are the top companies and all of them require bachelor’s degrees. Our client has a master’s degree in counseling, and so therefore it is common in the field where they need this Bachelor’s degree to be able to help other people and that fulfills the H1B requirement. So that is the main thing that we focused on. 

And then we spent two full pages single-spaced talking about her duties. So let’s talk about that. Forty percent of the time assessing student performance, another forty percent creating a personalized learning strategy, and another twenty percent communicating with the students, the parents, teachers, and the student’s progress. So you’re like, okay, well, that’s just a lot of communication. Is that really specialized? Is that an H1B candidate? The first forty percent assessing a student’s performance. Who can do that better than a counselor? She has a counseling degree; she knows how to counsel. 

And then creating a personalized learning strategy, that’s actually quite different because a lot of college prep courses, they just try to boost your SAT score, they just try to fill your application. No, we’re actually developing the student so that they can be better and equipped. And who can do that? Well, somebody with a counseling degree. That’s why an educational counselor is so important and that’s how we positioned her. 

We wrote out the job duties, we compared it with everybody else, and we then directly went to her qualifications, her bachelor’s degree, her master’s degree, her work experience, her accomplishments, and then we concluded. 

So this is actually unlike the other H1B applications we do where we hash out all four prongs because it was actually quite hard to argue the other ones. But in this case, we focused on the one thing that was really strong. We put everything together, leaned into the need, and the need is the calling. 

And so the case was approved. We’re so happy for this client. 

It is so ridiculously hard to get H1Bs approved for educators these days, especially from China. So I’m thrilled that Grace was able to do it. If you have any questions about this, about any H1B, feel free to reach out. She will be able to help you so much better than I can. Take care. Bye-bye.

 

In 2023 we assisted with this H-1B for an educator coming to the US from China. Because of teaching restrictions in China, this educator was unable to find a job in China and found a job with an organization in the US willing to sponsor her H-1B visa. So she came to our immigration team at Tsang & Associates for assistance with the H-1B visa process.

 

BACKGROUND OF THIS H-1B FOR AN EDUCATOR CASE

 

In this H-1B for an educator case, the sponsoring organization was a college prep company. The company was focused on preparing US students for college and our client would be counseling these students in their college planning and preparation. Our client had a master’s degree, which met the degree requirements of the H-1B, but it wasn’t clear and obvious right away how she had the skills to counsel US students or why this position even required a degree.

CHALLENGES IN THIS H-1B FOR AN EDUCATOR CASE

 

These two items, proving the need for a degree for this position and how our client had the skills necessary to perform this role, were the two greatest challenges in this case. We had to first define her position, which we determined was an educational counselor, and we needed to provide the details on how this company also required a degree from other employees in this position and that it was standard in this industry.

 

We also needed to highlight how our client’s experience gaining her master’s in China and working as a tutor in China previously provided her with the specialized knowledge and skills to fill this position. It wasn’t an easy task for this particular H-1B for an educator.

 

KEYS TO SUCCESS

 

Detailing the Position

 

As part of the filing for this H-1B for an educator case we went line by line through each of the job duties including the percent of the time spent on each one. For each line we connected the dots exactly how our client’s training gave her the knowledge to perform each job task and how each of these job tasks was specialized and required knowledge that not everyone has.

 

We also included information about the skills typically required for an educational counselor and how this position typically requires a degree. To do this, we compared this role with the same or similar role at three large, national college prep organizations that all require a bachelor’s or higher for anyone in this role.

 

H-1B FOR AN EDUCATOR CASE RESULT

 

After we had gathered all the evidence and filed the case, this H-1B for an educator case was approved. It was approved with no request for evidence and our client got her H-1B visa and was able to come to the US and start her new job as an educational counselor.

 

LAWYER COMMENTS ON THIS CASE

 

In most H-1B cases, we cover all four of the main requirements for an H-1B visa. However, in this case we really focused on the strongest part of the case, how the client’s degree and the duties of the position aligned. We leaned into it and covered this in detail. For any case, whether it is an H-1B visa case or another type of immigration case, it can be worthwhile to spend more time on the strongest and best argument as a way to tell the story better and highlight why the case should be approved. 

 

Because of the experience we have preparing immigration cases every day, we were able to determine this was the best strategy to follow in this particular H-1B for an educator and get the case approved. 

 

If you would like assistance preparing your H-1B visa or assistance with any other immigration case, contact us. We are happy to assist you, answer any questions you have, and walk with you on your US immigration journey.

You can also learn more about all of our immigration lawyer services or read more immigration success stories.

 

Original Content

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