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Solution for F-1 OPT, STEM OPT, And H-1B Nonimmigrants affected by Mass Tech Layoffs

Published: 11/23/2022

Rauhmel Fox, CEO, WHOMENTORSDOTCOM INC.,¹ today announces service to train work-authorized foreign nationals how to maintain nonimmigrant status in the USA. Laid off H-1B temporary workers have 60 consecutive days to change employers. One available legal option is to create their own H-1B sponsor as a sole owner.

Articles of incorporation can be approved within 24 hours. A federal employer identification number can be generated online within five minutes. The labor condition application (LCA) can be filed online for a part-time sole employee that complies with the employer-employee relationship standards described in DHS USCIS Policy Memorandum PM-602-0114, June 17, 2020.  After 7 working days, the I-129 petition can be submitted, without requesting premium processing, for a "Change of employer." The portability rule allows the H-1B status holder to work immediately after USCIS sends I-797C Receipt Notice. After two monthly pay statements from their own employer, the beneficiary may be eligible for full-time concurrent employment with any United States employer as defined by 8 CFR §214.2(h)(4)(ii).

H-1B initial registration period, the only window of opportunity to be selected for cap subject work authorization, is expected in March, 2023. Student and Exchange Visitor Program (SEVP) Policy Guidance 1004-03, April 23, 2010, permits business ownership by F-1 international students with optional practical training (OPT) authorized for temporary employment and certain graduates who received science, technology, engineering, and mathematics (STEM) degrees and were approved for a 24-month extension of their OPT.

Foreigners abroad with a US degree, or its equivalent, can enter the USA as Members of the Board of Directors of a U.S. Corporation. See 9 FAM §402.2-5(C)(3). WHOMENTORSDOTCOM INC. can be designated as the Corporate Registered Agent. For profit corporations, that would not otherwise be eligible for cap exempt work authorization, can file an H-1B exempt petition on behalf of their own direct employee of the corporation as long as a relationship is maintained with a qualifying nonprofit research organization like WHOMENTORSDOTCOM INC.

Read More: Yahoo

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