What Every Teacher on an H-1B Visa Should Know About Their Future in the U.S.
If you’re a teacher currently working in the U.S. under an H-1B visa, congratulations — you’ve made it through one of the most competitive employment visa processes in the world. But here’s what many teachers don’t realize until it’s almost too late:
The H-1B is only valid for six years. If you don’t start the green card process early—ideally within the first three years—you might find yourself out of time, options, and status.
Step 1: Ask Your District Early About Green Card Visa Sponsorship
The H-1B visa allows for dual intent — meaning you can legally stay in the U.S. short-term (on a visa) while also applying for permanent residency (a green card).
If you want to stay long-term, the best time to ask your school district is now—not when you’re already in Year 5 or 6.
Here’s what’s required by law and what is optional when it comes to green card sponsorship:
What Your Employer Must Pay For
PERM Labor Certification Process (the first step of the employment-based green card):
- Job advertisement and recruitment costs
- Prevailing wage determination
- Attorney fees for preparing and filing the PERM
- Any associated costs directly related to the PERM application
These costs are the employer’s responsibility. It is illegal for them to ask you to pay or reimburse any part of this.
(Source: U.S. Department of Labor regulations)
What Your Employer Is Not Required to Pay
After the PERM is approved, the process moves to the I-140 Immigrant Petition and later to the Adjustment of Status (Form I-485).
For these next steps:
- Filing fee for Form I-140
- Legal fees related to the I-140 petition
- Premium processing (if requested)
- Filing fee for Form I-485 (green card application, if eligible to adjust inside the U.S.)
✅ These costs can be paid by either the employer or the employee.
Some school districts offer to cover them voluntarily — others do not.
Bottom Line (with 2025 Fees)
| Stage | Who Pays? | Legally Required? | Estimated Cost (2025) |
|---|---|---|---|
| PERM Labor Certification | Employer only | ✅ Yes (mandatory) | Varies – includes attorney and recruitment-related costs; cannot be passed to the employee |
| I-140 Petition | Employer or Employee | ❌ No (optional) | Filing fee: $715 |
| Asylum Program Fee: $600 (may be reduced or waived) | |||
| Premium processing (optional): $2,805 | |||
| I-485 Adjustment of Status | Employer or Employee | ❌ No (optional) | Filing fee: $1,140 |
| Biometrics: $85 | |||
| Total: $1,225 |
- Employers must pay all fees for the PERM labor certification stage. It’s illegal for them to ask for reimbursement or pass these costs to you.
- Employers are not required to pay for the I-140 or I-485 stage. You may need to cover those costs yourself unless they offer to help.
- Premium processing is optional but can speed up I-140 results. Not required—and usually paid by the party requesting it.
If Your District Won’t Sponsor You, You Still Have Options
Step 2: Consider the National Interest Waiver (NIW) Route
Not all school districts are willing to go through the green card sponsorship process. If yours says no—or if you want more control over your future—you can consider another pathway:
✅ National Interest Waiver (NIW) – a green card route that allows you to self-petition without employer sponsorship.
If you are:
- Working in a high-need field (e.g., Special Ed, Math, Science)
- In a public or underserved school
- Holding an advanced degree or showing leadership/community impact
You may qualify for the NIW route—even while on an H-1B visa.
📩 Want to know if you’re eligible?
Email: apply@teach-usa.net and we’ll help you evaluate your options.
Step 3: Find Another School District That Will Sponsor You
If your current district isn’t willing to sponsor you and you’re not eligible or ready for the NIW route, your next move may be to transfer to a school that will.
Some school districts are experienced in green card sponsorship and already have systems in place. You don’t have to stay stuck where you are—especially if it means risking your long-term stay.
Make sure to:
- Ask about their green card policy during the interview
- Clarify which fees they’ll cover
- Get everything in writing before you sign a new contract
This option can buy you time and open new doors toward permanent residency.
We can help you explore other schools with a history of H-1B sponsorship and a strong possibility of green card sponsorship as well.
Email apply@teach-usa.net and ask for access to our H-1B school district database to see which schools may be a better long-term fit for your immigration plans.
Start Now, Not Later
You don’t need to wait until your 6th year. The earlier you start preparing—whether through employer sponsorship or the NIW—the better your chances of staying in the U.S. long-term.
Make the most of your H-1B. Start planning for your green card today.