Existing law authorizes the board of trustees of a school district or the governing body of a charter school to employ a teacher or instructor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States. (NRS 391.070) A J-1 visa is a nonimmigrant visa available to a foreign national who is a student, scholar, trainee, teacher, professor, research assistant, specialist or leader in a field of specialized knowledge or skill and who is coming temporarily to the United States for certain purposes, including, without limitation, teaching. (8 U.S.C. § 1101(a)(15)(J)) An H-1B visa is a nonimmigrant visa available to a foreign national who is coming to the United States for the purpose of practicing a specialty occupation. (8 U.S.C. § 1101(a)(15)(H), § 1184(i)(1)) Section 2 of this bill prohibits a school district that employs, or intends to employ, a J-1 visa holder through a teacher exchange program from entering into a contract or partnering with a person or entity that is a sponsor of such a program or that recruits candidates for such a program if the total amount of the fees and costs charged per person who participates in, or applies to be a candidate for, the program exceeds $10,000. Section 4 of this bill provides that this prohibition does not apply to a contract or partnership existing on July 1, 2025, but does apply to any renewal or extension of such a contract or partnership after that date.
Section 3 of this bill requires the Department of Education to establish a grant program whereby the board of trustees of a school district may apply for a grant of money to defray the costs of sponsoring an applicant for an H-1B visa or a permanent resident card. Section 3 additionally authorizes the board of trustees of a school district to apply for such a grant of money if: (1) the applicant seeking sponsorship is currently a J-1 visa holder and employed by the school district; and (2) the J-1 visa held by the employee will expire not more than 1 year after the date on which the application to receive a grant pursuant to section 3 is submitted. Finally, section 3 requires the Department to adopt certain regulations concerning the grant program.