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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.