Client was offered a position in a corporation where she was the main shareholder. Her initial attorney had submitted an I-140 Immigrant Petition for Alien Worker and I-485 Application to adjust her status to that of a permanent resident. Unfortunately, the Petition and Application were denied because the USCIS concluded that the fact that the client was the main shareholder raised questions to as to whether there was a bona fide job offer. When the client came to us, our attorneys submitted an appeal before the Administrative Appeals Office (AAO), arguing that a corporation is a legal entity distinct from its sole stockholder, and there was nothing that would require a conclusion that a corporation was precluded by law from filing a visa petition on behalf of the owner. They further pointed out that there was no misrepresentation as during the certification process it was disclosed that the client was the main shareholder. Based on our attorneys’ strong legal papers, the I-140 was approved and the client successfully completed her adjustment process.
