In a recent decision from the Administrative Appeals Office(AAO,) an H-1 petition was approved for an alien who started the company and is the sole owner of the company.
CIS Service Center denied the petition. The AAO cited Matter of Aphrodite Investments Limited and stated:
Established tenets of corporate law, as well as cases such as Matter of Aphrodite, state that a corporation has a separate legal identity from its owner. As such, a corporation, even if it is owned and operated by a single person, may hire that same individual and the parties will be in an employer-employee relationship, as is the case in the instant matter.
In finding that the proffered position is a specialty occupation as defined in the regulations, despite the fact that the beneficiary may undertake administrative tasks as the sole proprietor, the AAO consulted the Department of Labor's Occupational Outlook Handbook for information about the duties and educational requirements of a graphic designer and determined that:
Most of the duties of the position include those of a graphic designer, which the Handbook indicates could not be performed without the training and education that are included in a bachelor's degree in graphic design.
This case is a good news for those who want to set up their own shops to engage in their professions under H-1 status.
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