Has anybody used self-employment under AC21 ?

J

JFC37

Registered Users (C)
All,

Has anybody heard about people successfully creating a company (after leaving their I-485 sponsor) that would employ them with the required same title. job description and salary?

My understanding is that under AC21, self-employment is a possibility provided that the company is a genuine trading entity, with offices, furnitures, bills and of course revenues large enough to cover the salary.

Any comment as to how long the company needs to have been trading before the EVL/RFE is sent by USCIS, whether the company should be a C or an S corp, if that looks like a viable option, etc. would be much appreciated.

Tks.
 
JFC37,

the rule of thumb is: "you cannot sponsor your own employment-based Green Card". This goes for both original employment and AC21 employment.

On a side note, there are exceptions from this rule. In particular, some subcategories in EB-1, which do not require LC or employment offer, may be self-employed I believe. But the majority of Employment-Based Green Cards cannot be self-sponsored. Period.
 
Agree, but you could work for a company started by your wife, etc. But all this is grey grounds. The rule of thumb as BitterMan stated, "You cannot sponsor your own AOS!" If you do then it has to be in a different category. And that needs a 10 million investment or hiring 10 American citizens etc. But this EB based AOS will have to be dropped!
 
Bitterman and 140_takes_4ever,

Tks for your answers,

I don't have any plan to start the GC process again, and therefore an investment-based AOS is not an option (and I don't have $10M either :D ).

Does anyone know when the concept of "self-employment" kicks in ? Can one setup a C Corp, that is a genuine trading entity, with an office, paying bills, generating revenues, paying taxes, etc. And have a board passing a minuted resolution allowing the corporation to enter into an employment agreement with the proper salary, job description, etc.

I am not talking about faking anything at all, just being a solo consultant with a genuine business, inherited from the company which sponsored my GC originally.

Does USCIS request a copy of the articles of the company to check the shareholding structure in the case of a private company ? Would having someone else (like a US citizen) own 51% of the company solve the self-employment problem ?

Tks in advance,

JFC
 
Last edited by a moderator:
Does anyone know when the concept of "self-employment" kicks in ? Can one setup a C Corp, that is a genuine trading entity, with an office, paying bills, generating revenues, paying taxes, etc. And have a board passing a minuted resolution allowing the corporation to enter into an employment agreement with the proper salary, job description, etc.

I am not talking about faking anything at all, just being a solo consultant with a genuine business, inherited from the company which sponsored my GC originally.
Click to expand...

This my understanding of self-employment - in simplified form. If you get "wage", you are employed (by someone or some company). If your earned money is not a "wage", you are self-employed. So whatever you mentioned - paying bills, board passing resolution or being a honest business - they are all irrelevent.

Does USCIS request a copy of the articles of the company to check the shareholding structure in the case of a private company ? Would having someone else (like a US citizen) own 51% of the company solve the self-employment problem ?
Click to expand...

If it's employment based I485, USCIS is never going to ask for all these stuffs. All they will ask is the proof of employment - employment verification letter from employer, "wage" record (pay stubs). Also, your employer has to meet the USCIS eligibility criteria of employing an alien. In addition your employer has to go thru the whole process of employing an alien (labor certification, I-140 etc).

Now, with your example, if can apply for EB I485, if
1. your 51% owner US citizen partner's business meets the eligibility ceriteria and does the whole process of employing an alien (you).
2. currently you have valid non-immigrant status (H1/L1 etc).
 
I dont know where I saw it: it said if u have more than 5% stake in the company, that company cannot sponsor ur EB GC.
 
What exactly is the requirements of a sponsoring company? Can the company in the US not be foreign owned?
 
Originally posted by gettingclosernow
What exactly is the requirements of a sponsoring company? Can the company in the US not be foreign owned?
Click to expand...

- has a fed tax id and pays fed tax (therefore, foreign owned does not matter as long as it's doing business in USA).
- doing atleast $XXXXX amount of business in USA.
- employing certain percentage of american citizens/perm residents.
 
Pralay,

Can I just clarify whether the requirements you are referring to are related to getting an LC/GC sponsored, or if they also apply to AC21 cases, i.e much later in the process ?
And if so what are the suitable $XXXXX amount and ratio of US citizen/permanent residents ?

Originally posted by pralay
- has a fed tax id and pays fed tax (therefore, foreign owned does not matter as long as it's doing business in USA).
- doing atleast $XXXXX amount of business in USA.
- employing certain percentage of american citizens/perm residents.
Click to expand...

Many thanks,

JFC
 
Originally posted by JFC37
Pralay,

Can I just clarify whether the requirements you are referring to are related to getting an LC/GC sponsored, or if they also apply to AC21 cases, i.e much later in the process ?
And if so what are the suitable $XXXXX amount and ratio of US citizen/permanent residents ?
Click to expand...

JFC37,
I don't do law business in immigration and don't remember these numbers. That's the reason I vaguely know these laws, that's all. If you really interested for these kind of laws, you can find them in internet - USCIS website, various immigration lawyers sites and various immigration help sites.
And if you are damn serious about this issue, you can contact lawyers like Rajiv Khanna, Sheela Murthy (or someone in your local area). Some lawyers provide first one hour free consultation with their potential customers.
 
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