Why creating an LLC can help your O-1 Visa and EB-1A application

To really bring yourself to the next level, you want to start to actively think about filing a trademark, creating an LLC and creating the legal structures in place to be able to support the growth, the business growth of your art and of your artistry. This is directly related to strengthening your O-1 Visa and EB-1A application. 


LLC Sponsorship for O-1 Visa


So as long as there’s a distinct employer-employee relationship, your LLC can serve as your sponsor. 


An employer-employee relationship can be established by hiring a CEO, creating a board of directors, or reporting directly to a supervisor. 


Lead and Critical Role for both O-1 and EB-1A 


In order to prove either a lead or critical role, we will need to evaluate the contribution to the project. If your company is working on a project on behalf of a client, then we will be able to prove that you served in a lead role because you were the sole worker on the project. 

Original Contributions for EB-1A


As the owner of the company, you will be able to lead the direction of the company. This means that you will have input on any outreach or advocacy the company does, you will contribute to the overall direction of the company, and you can incorporate innovation in the company to render it competitive. These are just some considerations. 

In conclusion, being entrepreneurial can strengthen both your O-1 and EB-1A petitions. 


Elektra Yao is the managing attorney and founder of Yao Law Group. She loves working with artists and is a recognized leader for O-1 visas. Visit yaolawgroup.com for more information.

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