Why You Shouldn't Petition Off Your Own LLC
Why You Shouldn't Petition Off Your Own LLC: Avoiding Red Flags
The Tempting Logic of Self-Petitioning
It seems logical: You're an independent professional. You have (or can create) an LLC. Why not have your own company petition for your visa?
This approach creates serious problems with USCIS. Understanding why helps you avoid a common mistake that can derail otherwise strong cases.
What USCIS Sees in Self-Petitioned Cases
The Underlying Question
When you petition through your own LLC, USCIS asks a fundamental question: If you have extraordinary ability, why won't any established organization sponsor you?
The Credibility Gap
Third-party petitioners provide external validation. Someone else believes in your abilities enough to file a petition. Self-petitioning eliminates this validation.
Control Concerns
You control the petitioning entity. You can make it say whatever you want. This undermines the credibility of petition statements.
The Circular Problem
Your LLC needs you to generate revenue. You need the LLC to petition for you. The circular dependency raises questions about the arrangement's legitimacy.
Specific Red Flags USCIS Identifies
Newly Formed Entities
LLCs created shortly before petition filing appear designed specifically for immigration purposes rather than legitimate business operations.
No Independent Revenue
If your LLC's only revenue comes from your services, it's not functioning as a real business—it's functioning as a petition vehicle.
Single Employee/Owner
An LLC where you're the sole owner, employee, and beneficiary of the petition lacks the independent oversight USCIS expects from petitioners.
No Established History
Companies without track records in your field can't credibly claim to need your extraordinary abilities.
No Other Employees
Real businesses typically have other staff. An LLC that exists only to employ you appears suspicious.
The RFE Risk
Self-petitioned cases frequently receive Requests for Evidence (RFEs) asking:
· Why is the beneficiary petitioning through their own company?
· What legitimate business purpose does this arrangement serve?
· Why couldn't an established organization petition instead?
· How does this arrangement differ from self-employment without visa authorization?
These RFEs are difficult to overcome because they address fundamental structural problems rather than documentation gaps.
What You Can Do With Your LLC
Having an LLC isn't the problem—using it as your petitioner is. Your LLC can legitimately appear in your case as:
An Itinerary Item
Your LLC can be one of multiple employers in your itinerary. You do work for your own company, among other entities.
Income Documentation
Revenue through your LLC demonstrates your earning capacity and market demand for your services.
Business Establishment
A well-established LLC with legitimate operations supports your overall professional profile.
One of Several Employers
In a multiple employer petition, your LLC joins other employers, diluting the self-petitioning concern.
The Right Way: Third-Party Petitioners
Established Organizations
Teams, clubs, academies, or agencies with independent existence provide credible petitioning.
Agent Petitioners
Agents file on behalf of multiple employers, providing third-party credibility while maintaining your flexibility.
Joint Ventures
Business arrangements with established entities can provide petitioner relationships.
Actual Employers
Organizations that genuinely employ you—even part-time—can serve as petitioners.
Case Study: The Wrong Approach
An athlete forms "Elite Training LLC" and immediately files an O-1 petition with the LLC as petitioner.
Problems:
· LLC has no history
· No other employees
· No revenue except from the athlete
· No independent business purpose
· Created specifically for the petition
Result: RFE questioning the arrangement, likely denial.
Case Study: The Right Approach
The same athlete works with multiple clients and an agent petitioner.
Structure:
· Agent files petition on behalf of multiple employers
· Athlete's LLC included as one itinerary employer
· Tennis club included as another employer
· Private clients documented with Multiple Employer Forms
· Agent provides third-party petitioning credibility
Result: No self-petitioning red flags, credible arrangement.
Responding to "But I'm Independent"
Athletes often resist third-party petitioners: "But I work for myself. I don't want an employer."
Clarification:
Agent petitioners don't become your employer. They file the petition but don't control your work. You maintain independence while gaining visa compliance.
Your actual employers—clients, clubs, teams—pay you and receive your services. The agent simply provides the petition vehicle.
The Strategic Calculation
Self-Petition Through LLC:
· Creates red flags
· Invites RFEs
· Undermines case credibility
· Higher denial risk
· Appears to lack third-party validation
Agent Petitioner:
· Provides third-party credibility
· Maintains your independence
· Allows multiple employers
· Standard accepted structure
· Demonstrates market demand for your services
The choice seems clear when you understand USCIS perspective.
Questions to Ask Before Structuring Your Petition
Who Will Petition?
Identify potential petitioners beyond your own LLC.
What Employers Can I Document?
List all entities that will pay for your services.
How Can I Demonstrate Third-Party Demand?
What evidence shows others want your services?
What Role Should My LLC Play?
Determine whether your LLC serves as itinerary employer rather than petitioner.
Working With Experienced Counsel
Immigration attorneys experienced in athlete cases understand these distinctions. They can help structure your petition to:
· Avoid self-petitioning red flags
· Incorporate your LLC appropriately
· Identify suitable petitioners
· Build credible itineraries
· Demonstrate third-party demand
The right structure makes the difference between approval and denial.
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Your LLC has a place in your immigration case—just not as your petitioner. Understanding USCIS concerns about self-petitioning helps you structure cases for approval.
Related Resources:
· Agent Petitioner Services(/petitioner-services)
· Multiple Employer Strategies(/multiple-employer)
· O-1 Visa Requirements(https://www.sherrodsportsvisas.com/o1-visa)