A Company Boss Sues to be Classified as a 'Worker' and Score a Green Card
By Dan Cadman on September 16, 2019
Law360 (mostly behind a paywall) is carrying a story about a Florida fruit juice company suing U.S. Citizenship and Immigration Services (USCIS) because it denied an I-140 petition to classify the company's Venezuelan president as a "worker".
The I-140, "Immigrant Petition for Alien Workers", if approved, entitles the recipient to obtain lawful permanent residence.
Among the issues in question is whether a president can truly be classified as a "worker" of the company, given that he has no superiors. The Venezuelan man's lawyers claim that he can, notwithstanding "common law" understandings of "worker" vs. "employer" or "boss".
The man is not only president of the company, but also 50 percent owner. I'm guessing he's the majority shareholder of the company and thus has the leverage to ensure the board of directors voted him into the position of president to begin with.
https://cis.org/Cadman/Company-Boss-Sues-be-Classified-Worker-and-Score-Green-Card
