How can a company you own sponsor your O-1?

A number of business owners, entrepreneurs, and creative professionals own their own company (either an LLC, C Corp or other business type). While any entity can file a petition on behalf of an individual, it comes down to whether the petitioning company has a bona fide employer-employee relationship with the beneficiary, or whether there is an agency relationship.  If you have a single member corporation with no substantial history/employees, then it may be better to use an agent.

If you have multiple employees, one of the employees of the C corp could sign the petition which would be filed by the C corp, and we would outline how a Board of Directors, which is outside the C corp's employees, controls higher level employees like the beneficiary, to establish an employer-employee relationship. 

The key is to outline in detail how the owner/beneficiary is also an employee, through extensive evidence. While you cannot self-petition for an O-1, your company may be able to sponsor you, if the petition is structured the right way to meet the legal regulations. If you think you qualify for an O-1 and have your own company, contact us to discuss the best strategy for you!

This post is for informational purposes only and should not be construed as legal advice.



This website constitutes attorney advertising. The information provided is general in nature and should not be construed as legal advice.


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