F-1 OPT AND STEM OPT? PREPARE FOR H-1B INITIAL REGISTRATION

The 2-hour AMA and G &A orientation is a free introduction to discuss fee-based training. Serious inquiries only. Plan to discuss F-1, OPT, and STEM OPT options to qualify for H-1B cap subject and cap exempt.

It is well established that a corporation is a separate and distinct legal entity from its owners and stockholders. See Matter of M, 8 I&N Dec. 24, 50 (BIA 1958, AG 1958); Matter of Aphrodite Investments Limited, 17 I&N Dec. 530 (Comm.1980); and Matter of Tessel, 17 I&N Dec. 631 (Act. Assoc. Comm. 1980).

As such, a corporation, even if it is owned and operated by a single person, may hire that person, and the parties will be in an employer-employee relationship. The beneficiary will not be self-employed, but rather, will be employed by the corporation, a separate legal entity from the beneficiary. Additional support for the premise that a Petitioner’s sole owner can be the same person as the Beneficiary can be found in Matter of X, File No. SRC 98 101 50785, (AAO, August 1999), reported in 5:2 immigration Bulletin, 89-90 (Matthew Bender Jan. 15, 2000) citing Matter of Aphrodite.

The regulations define a U.S. employer at 8 C.F.R. §214.2(h)(4)(ii) as a person, firm, corporation, contractor, or other association or organization in the United States which:

1. Engages a person to work within the United States;

2. Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee.

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