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According to USCIS, one of categories eligible for EB1 visa is called

"Certain Multinational manager or executive"

From the description on USCIS about that category for EB1, there is no mention that petitioning the employer and who is requesting the EB1 visa cannot be one person.

You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.

It's pretty clear that such type of questions should be discussed with a lawyer. But I'm trying to get an idea quickly whether it makes sense to dive into it at all. Is it possible/legal to get an EB1 visa, provided that I have an LLC in the US, the business is real and I have been working more than 1 year as a manager and planning to relocate as a manager too?

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  • Were you a manager in a company outside the US which is related to the company in the US (i.e. one owns the other or they are part of the same group, for instance)? Has the US LLC been active for more than a year?
    – jcaron
    Commented Apr 5 at 9:02
  • Yes, I am a manger in the company outside of the US which is related to LLC in the US. Yes, it is already active for 1.5 year since registration in the US
    – Serp
    Commented Apr 5 at 9:11
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    How many employees does the parent company have, excluding you? How many US-based employees does the LLC have? How profitable are the two companies? As part of the application process, the US company must be able to demonstrate a continuing ability to pay the offered wage via eg an annual report, federal income tax return, or audited financial statement.
    – Traveller
    Commented Apr 6 at 11:08
  • I am alone yet, despite the fact that I often use services of freelancers. I'm paying them for job done online. But, they are not like employees of my company. I am developing mobile and computer games, publishing them on Google Play Market or similar markets and doing money from ads and in-game purchases. Juridically, I have 2 offices, one in the US - LLC, and one in Poland. I am owner of both. Well, there are plans to make my company wider with more people, but these are just plans yet.
    – Serp
    Commented Apr 7 at 13:39
  • @Serp See Employee requirements for a description of what you must prove to qualify in a managerial or executive capacity. I’m no expert but it does not seem to me that an EB1 visa is aimed at companies with just one employee.
    – Traveller
    Commented Apr 7 at 18:52

1 Answer 1

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Is it possible/legal to get an EB1 visa, provided that I have an LLC in the US, the business is real and I have been working more than 1 year as a manager and planning to relocate as a manager too?

Absolutely. If the company can prove all your claims, your level of responsibilities, and show that it has a valid business reason to transfer you to the US in your managerial capacity, your being one of the owners of the business is not a detriment for this visa.

But... If it's a nominal LLC with no real business activity in the US that you created just to claim you're a "manager" then obviously this won't fly.

The "petitioner" in your quote is not you, it's the LLC.

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  • Thanks for your response.
    – Serp
    Commented Apr 7 at 13:41

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