WHOmentors.com
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Maintain Your Status!
Start a Company!
10-Weeks: 300 hours
Medical Benefits
Trainee Concepts:
  Introduction to Legal English
Review standard terminology of routine legal processes and study the sentence and paragraph structure that characterizes statutory interpretation
  Self-Help Legal Information
Documentation provided is of a general nature and should not be construed as legal advice
  Limited English Proficiency
A barrier to understanding and exercising important rights and complying with applicable legal responsibilities
  Strategy Formulation
A situation analysis concurrent with a personal assessment then objectives are set for a long term view of a possible future
  Self-Advocacy Skills
Speaking up for yourself, knowing how to negotiate in your own best interest, and having the confidence to ask for what you need or question what you may not understand
Primary Resources:
  US Government Manual
  Enactment of a Law
  Check Active Legislation
  Code of Federal Regulations
  United States Code
  Executive Office of Immigration Review
  Legal Citation Tutorial
  What is a Nonimmigrant?
  8 CFR § 1.1 Definitions
  USCIS Guidance
  CA Attorney General
  Representation of Aliens
  H-1B Dependent Employer
  Employment Counseling
  Self-Enrichment Teacher
  Paid Reasonable Benefits
  Expenses for Education
  "How Do I..." Guides
  USCIS Website
  Adjudicator's Field Manual
  H-1B Defined and Overview of Approval Process
  H-1B Employee Rights
  Facts About National Origin Discrimination (NOD)
  Federal Protections Against NOD from US Employers
  International Students And Social Security Numbers
  Search Archive of H-1B Employers, 2002-Present
  Search Nonprofit 501(c)(3) Tax-Exempt Entities
  Prevailing Wage (OES)
  Labor Condition Application (LCA), DOL Form ETA-9035E
  Temporary Worker Petition, USCIS Form I-129
  Search Case Status
  ICE SEVIS: Students
FY2009: Extends OPT
  USCIS H-1B Cap Count
FY2010: August 7, 2009
  Episodic Volunteering
  Volunteer Criteria
  FLSA Trainee Criteria
  04/08/08 Interim Final Rule
  04/23/08 Post Completion OPT Updates
  Candidates must advance their own personal funds or conduct a fundraiser.   
Unemployed F-1 students on regular post-completion OPT can create a "startup" to maintain status.
F-1 OPT students may also work as unpaid trainees, at least 20 hours per week, where this does not violate any labor laws. (ICE)
A factor used by the US Department of Labor to define an "unpaid trainee” is that the experience is for the benefit of the student. (DOL)
Create a Startup Company!
Learn as an Executive Trainee!
You Must Meet Certain Eligibility Criteria.
Assess Your Personal Qualifications as a Candidate for Individual Employment Preparation:
  Are you Limited English Proficient and of Good Moral Character?
(8 CFR § 316.10(b)) or (8 USC § 1101(f))
  Are you on a period of post-completion optional practical training (OPT) applied for prior to, or approved after, earning a bachelor’s, master’s, or doctoral degree from a school in the USA?
  Do you want to be actively engaged in a business related to your degree program?
  Do you want to prove to USCIS that you have the proper business credentials?
  Are your passport and I-20 valid?
  Are you not in violation of a nonimmigrant status?
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What is a BIA Accredited Representative?
Petitioners are not required to have a lawyer to file papers. Nonimmigrant applications can be done by the individual him/herself. An individual or entity in the USA may choose to be represented by an attorney or accredited representative when filing applications or petitions.

Accredited representatives must work for a Recognized Organization in order to be eligible to represent you before USCIS and file a Form G-28. They may be authorized to practice before the Immigration Courts, the Board of Immigration Appeals (BIA) and/or USCIS.

Under 8 CFR § 292.1 and 1292.1, persons entitled to represent individuals in matters before the Department of Homeland Security (DHS), and the Immigration Courts and Board of Immigration Appeals (BIA), or the DHS alone, include, among others, accredited representatives. Any such representatives must be designated by a qualified organization, as recognized by the Board. A recognized organization must apply to the Board for accreditation of such a representative or representatives.

NOTE 1: WHOmentors.com, Inc. has requested BIA recognition pursuant to 8 CFR § 1292.2(a) and (b) so that it may apply for partial accreditation of persons of good moral character to represent others in immigration proceedings before the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS).

NOTE 2: The narrow focus on H-1B immigration consultancy to nonimmigrants only is defined sufficiently to evidence a large or indefinite class and not a group of selected individuals. (IRM 7.25.3.3.7)
 Certified U.S. Department of Labor Condition Application (LCA) ETA-9035E  USCIS Form I-129 and Supplements  Employer Support Letter Not Shown  Supporting Evidence Exhibit Dividers Not Shown

Client Self-Advocacy Results Vary Depending On Preparation
Whether clients are preparing for an internship training program interview, or preparing for a job interview, the challenges remain the same: clients must appear confident, describe and promote their skills and experience, and explain their motivation and goals in English.

It is important to note an interview is a two-way street.  US Employers are not required to hire someone with time-limited employment authorization such as an F-1 international student authorized for 12-months of Optional Practical Training (OPT).

During the interview clients may be asked the following questions:

(1) Are they legally authorized to work in the US? (yes or no); and

(2) Will they now or in the future require sponsorship for employment visa status (e.g. H-1B status)? (yes or no).


Cost-conscious employers, especially small business or nonprofit organizations, frequently perceive the process as cumbersome or misunderstand their obligations and are reluctant to petition the USCIS to adjust a nonimmigrant's work status, simply have a policy against it, or do not want to incur any additional expenses.

If an individual client thinks he or she will have trouble informing protential H-1B sponsors on their responsibilities associated with filing the USCIS Form I-129, "Petition for Temporary Worker," he or she can register for a workshop with a BIA Accredited Representative employed at WHOmentors.com, Inc.

Taking the time to learn the governing rules and procedures before the interview will make them well informed!

Realistically speaking, by explaining and demonstrating the simplicity of the application process to clients, they increase the likelihood of getting hired.

Two alumni from San Francisco State University (SFSU) took responsible steps to overcome any barriers to their employment and prevented National Origin Discrimination:

Atsuko's Case #: WAC0421550536

Masaya's Case #: WAC0424652314

26 CFR § 1.513-1(d)(2) Restriction: "Self-Enrichment" instruction or training provided to clients is substantially related to the disinterested educational purpose of improving or developing personal capabilities.

WHOmentors.com, Inc. will not act as the "agent as petitioner" or "representative of both the employer and the beneficiary" as described in 8 CFR 214.2(h)(2)(i)(F) and does not complete these forms for the petitioner unless entered into a contract or agreement with a client to provide such services.
509(a)(2) Scientific Research Corporation and 501(c)(3) Exempt Fiscal Sponsor
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