I140 nonimmigrant sole proprietor noid urgent help!!!!


New Member
Dear All,

I received a Notice of intent to deny from the Texas Service Center, which is due on March 3rd, 2009!!! I do not have so much time remaining, so please HELP ME!!

The officer is requesting a proof of Legal Permanent Resident or US Citizenship status of the owner of the company (LLC sole proprietorship) who is sponsoring me for the Green Card.

The problem is that the owner of the LLC sole proprietorship has a non immigrant E-2 visa!!!!

On my point of view, the officer means that only a US Citizen or LPR owner of a sole proprietorship can file an I-140 petition on behalf of an a foreign national???!!!!

The I-140 indicates that the petitioner can only be a "US Employer", but I cannot find the immigration definition of US employer relating to LLC Sole proprietorship.

Would that mean that:
a US LLC with a US Tax ID Number filling taxes as an individual is not considered as US Employer if the owner of the LLC has a non immigrant status?

Does anybody know if this the truth?
will it end in a denial of my petition?
Do we have to fight this issue?

I am completely lost, I talked to many attorneys beside mine and none of them know or even heard about such requirement!

Thank you for your attention

PS: below please find the link where you can see the notice of intent to deny I received