Can I have my own LLC as a petitioner if I am the sole member?

To begin with, it is important to understand that P visas, intended for renowned athletes and artists, require a well-defined relationship between the petitioner (the entity filing the petition) and the beneficiary (the person who will benefit from the visa). This relationship must demonstrate an organizational structure and the existence of a legitimate employment or contractual relationship, according to the norms of the United States Citizenship and Immigration Services (USCIS).

In the case of a single-member LLC, some important issues arise. Although it is possible to form an LLC and use it to file a petition, it is essential that the company’s structure evidences a clear and independent relationship between the petitioner and the beneficiary. If you are the sole member and, consequently, the sole beneficiary of the petition, USCIS may question whether there is truly a substantial separation between the entity and the person to be benefited.

In many cases, for the petition to be accepted, it is necessary to prove that there is a legitimate employer-employee relationship or that the entity has an independent structure that justifies its operation as an agent or sponsor. Furthermore, it is essential to strictly follow all United States immigration laws. Designing a business structure for an immigration petition requires attention to specific details and compliance with regulations that may vary according to each visa category.

For this reason, avoiding arrangements that could be interpreted as self-promotion without the proper independence between roles is crucial to reduce risks of future complications. It is recommended to seek additional information from immigration specialists or consultants who can analyze the specific case and guide you on the best structure for the petition.

Be cautious of promises of easy or guaranteed results, as immigration law is complex and any attempt to simplify it may end up harming your process in the long term. Thus, well-planned organization and full compliance with legal requirements are the safest ways to increase the petition’s credibility with American authorities.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.