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My own company and EB-3

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FlyingRon

Senior Member
Hello. Is it possible if my own LLC or C-Corp in US will sponsor me EB-3? Currently I live in Russia.
C Corp is not an entity in the US. It's just a corporation. S Corp vs. C Corp is purely a taxation election.

The answer is likey, no to both. You just can have a sham corporation get a labor certification. It has to be an existing US Corporation that can demonstrate solvency and that that has a position that can't be met with qualified US workers. They'd see through your attempt to get around the immigration laws with such a dodge in a heartbeat.
 

LdiJ

Senior Member
C Corp is not an entity in the US. It's just a corporation. S Corp vs. C Corp is purely a taxation election.
I am going to disagree with this. A Corporation is certainly an entity in the US.

The answer is likely, no to both. You just can have a sham corporation get a labor certification. It has to be an existing US Corporation that can demonstrate solvency and that that has a position that can't be met with qualified US workers. They'd see through your attempt to get around the immigration laws with such a dodge in a heartbeat.
This part is likely. Although if enough money is invested into the company a business visa eventually allowing for a green card IS possible, assuming that the business has a solid bricks and mortar operation. I have half a dozen or so clients who came into the US on a business visa legally and eventually got a green card as a result. Most of them own restaurants and employ US citizens. A couple of others have other kinds of businesses and employ US citizens.
 

wildstalker

Junior Member
I am going to disagree with this. A Corporation is certainly an entity in the US.



This part is likely. Although if enough money is invested into the company a business visa eventually allowing for a green card IS possible, assuming that the business has a solid bricks and mortar operation. I have half a dozen or so clients who came into the US on a business visa legally and eventually got a green card as a result. Most of them own restaurants and employ US citizens. A couple of others have other kinds of businesses and employ US citizens.
I plan to create entity in US for doing business (online retail), not a sham corporation for tricks with GC only. But if this will allow to recieve GC it will be good deal ) I will can show real operation. How long my cmpany must operate for this? Must I employ US citizens?
 

Zigner

Senior Member, Non-Attorney
I plan to create entity in US for doing business (online retail), not a sham corporation for tricks with GC only. But if this will allow to recieve GC it will be good deal ) I will can show real operation. How long my cmpany must operate for this? Must I employ US citizens?
Actually, it would be a sham...there would be no physical presence in the US, as you describe it.
 

LdiJ

Senior Member
I plan to create entity in US for doing business (online retail), not a sham corporation for tricks with GC only. But if this will allow to recieve GC it will be good deal ) I will can show real operation. How long my cmpany must operate for this? Must I employ US citizens?
You are not going to get a business visa for an online operation. You might get a visa for a fulfillment center located in the US and employing US citizens.
 

FlyingRon

Senior Member
I am going to disagree with this. A Corporation is certainly an entity in the US.
I didn't say otherwise. Can you not read? I said a "C Corp" is not an entity. The entity is just a CORPORATION. S/C corp is a tax election.


This part is likely. Although if enough money is invested into the company a business visa eventually allowing for a green card IS possible, assuming that the business has a solid bricks and mortar operation. I have half a dozen or so clients who came into the US on a business visa legally and eventually got a green card as a result. Most of them own restaurants and employ US citizens. A couple of others have other kinds of businesses and employ US citizens.
Yes, but as I said, it needs to be a going concern before they can get a labor certification for an EB-3. There are other types of visas that allow one to start businesses in the US, but just creating a corporation (no matter how much money you transfer to it), isn't going to do it.
 

LdiJ

Senior Member
I didn't say otherwise. Can you not read? I said a "C Corp" is not an entity. The entity is just a CORPORATION. S/C corp is a tax election.




Yes, but as I said, it needs to be a going concern before they can get a labor certification for an EB-3. There are other types of visas that allow one to start businesses in the US, but just creating a corporation (no matter how much money you transfer to it), isn't going to do it.
I think I used the term "solid bricks and mortar operation". I would hope that would indicate a going concern.
 

FlyingRon

Senior Member
Use of a non-immigrant visa to game the system into allowing you to immigrate is an illegal use of such (B1/B2).
 

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