Welcome to exemptresearch.org!
F-1 OPT? Qualify for H-1B Exempt Status!
But, How?

Nonprofit Research Organization

Title 8 Code of Federal Regulations (CFR) §214.2(h)(19)(iii)(C)

501(c)(3) Fiscal Sponsorship

Startup founders may seek grants and solicit tax-deductible donations under the 501(c)(3) exempt status of WHOmentors.com, Inc.

Eligibility for H-1B Exempt Status

Petitioners that would not otherwise be a qualifying institution can be exempt from the H-1B cap if they show a connection to WHOmentors.com, Inc.

"Work At" Any Facility

Conduct sophisticated applied research to further the normal, primary, or essential purpose, mission, objectives or function of WHOmentors.com, Inc.

DHS Examples (June 2006)

In certain instances, petitioners that are not themselves a qualifying institution can claim H-1B status exemption.

Example 2: Company B

NAICS Code: 54

Research and Development

Product List for NAICS 5417

Your Startup Here!

Search NAIC Codes

How To File For H-1B Cap Exempt Status

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  • DHS Memo, Example 2, page 8

    Employed at vs employed by.

    Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on §103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

  • Choose Physical Office Space

    Advance payment to WHOmentorsdotcom Inc.

    Initial deposit is four times (4x) the rent/lease for 6 months (B-1 Status) or 12/24 months (F-1 OPT Status). Recurring fee is two times (2) monthly rent. Add $4,000 per year for insurance coverage of Commercial Property and Participant Accident with a $250 deductible to be paid by your startup.

  • flag.dol.gov

    File Labor Condition Application
    (LCA ETA-9035E)

    To ensure non-frivolus filings, non-negotiable fee of $3,500 fee per year for each year on the LCA (3 years maximum). Paid in advance.

  • USCIS Form I-129

    File Petition for a Nonimmigrant Worker YEAR-ROUND!

    Must have the ability to pay for prevailing wage (part-time or full-time), benefits, and individual insurance (i.e., worker's compensation).

  • Claim
    Eligiblity
    For H-1B!

    Employer-Employee Relationship Required

    Must prove can hire, pay, fire, supervise, or otherwise control the work of the employee.

    Factors: Training fee (optional) + lease (control) + LCA (non-negotiable) + supervision (required) + miscellaneous fees (i.e., paychex.com) and concurrent employment.

They Did It! So, Can You!

Many international students wonder how they can continue working beyond F-1 OPT status.

Masaya (F-1 OPT to H-1B)

Case #: WAC0424652314

Liqiao (F-1 OPT to H-1B)

Case #: WAC1811451435

Your Name Here!

Executive Trainee

Goal: Increase the monthly business formation of startups by nonimmigrant foreign nationals. The current rate is 0.28 percent (or 280 of 100,000).

Are You Ready?

As an H-1B exempt employer, WHOmentorsdotcom Inc. is not subject to the annual numerical limitation!