Bringing Bilingual Teachers to the U.S.

I have recently been hired by a bilingual school that would like to hire two bilingual teachers - one from Mexico and one from Chile. It's very exciting to support a school that is committed to bilingual education, especially at a time when there are actually options for professional workers from Mexico and Chile.

The first type of visa that comes to mind for professional workers from Mexico is the TN-1 visa, which emerged from the NAFTA Free Trade Agreement. The TN-1 allows professional workers to come for one year at time, with an option to renew their stay indefinitely, and it requires no work on the part of the U.S. employer, other than a job offer letter. I can help employers create an appropriate letter. However, the TN-1 is limited to a list of professions agreed to by the US, Canada and Mexico and unfortunately, elementary school teachers are not on the list (although university and college teachers are).

An H-1B visa would be possible, because the position qualifies, the applicant qualifies, and educational institutions are not subject to the H-1B quota. However, the H-1B is very costly, especially for a little school. The fees alone would be around $1820, and it is necessary to use an attorney if the institution does not have an HR person trained in filing H-1Bs. In addition, the H process is time-consuming and time is short. It does not seem to be the best option.

The best option for bringing a teacher who wants to do an international exchange in the U.S. is the J-1 exchange visitor visa. This does not require a petition on the part of the employer and the fees for the applicant are relatively low. The J-1 is fairly flexible and would allow up to three years of training and work in the U.S. for a teacher. The key is to find an appropriate organization that can issue J-1 documents for that purpose. We hope to be able to do that.

The teacher from Chile would present similar challenges except for the wonderful, relatively new H-1B1 visa, which comes from a free trade agreement between the U.S., Chile and Singapore. The H-1B1 is not limited to a list of professions, although the employee must have a job offer in a specialty occupation requiring at least a bachelor's degree in most cases. Apart from a job offer letter, the employer has to file a Labor Condition Application with the Department of Labor. The H-1B1 is basically self-sponsored and does not cost the employer anything. However, it is helpful to understand how to complete the Labor Condition Application and what the requirements are for the LCA, and I can help with this, as well as making sure the right elements are in the job offer letter. I believe this teacher will have no problem getting a visa in Chile and he will be a wonderful asset to the school.