By: Navdeep Meamber

Multiple business entity types can file requests with United States Citizenship and Immigration Services (USCIS), including corporations, limited partnerships (LP), professional corporations (PC), limited liability companies and partnerships (LLC/LLP), and other legal entities.[1] However, there are strict guidelines for who can sign USCIS documents on behalf of the company or legal entity.

WHO CAN SIGN USCIS DOCUMENTATION ON THEIR COMPANY’S BEHALF? 

USCIS will only accept benefit requests filed by legal entities when the person signing the documents has the authority to sign on behalf of the petitioning entity. An authorized signer is anyone given the authority to legally bind the entity to the terms and conditions attached to the request or document. Traditionally this is limited to:

• Executive Officers: A president, CEO, vice president, or other executive officer with the authority to act and legally bind on behalf of the company.
• Partners: An authorized partner in a partnership has the authority to sign on behalf of the company.
• Managing Members: For an LLC or an LLP, a managing partner or managing member can sign for the company.
• Attorneys: If an attorney has an employer-employee relationship with a corporation, they can sign on behalf of that corporation.
• Human Resources: The legal entity’s human resources (HR) department or employee relations personnel can be authorized to sign on behalf of the organization.
• Executors: An administrator or executor of an estate is an authorized signer.
• Trustee: In the case of a trust a trustee or duly appointed conservator are authorized signers.
• Sole Proprietor: Under a sole proprietorship, only the owner is an authorized signer.

The benefit request must include a statement by the authorize signer confirming they have the right to file on behalf of the company, the employer is informed of all the facts, and all the facts are complete and correct. If the form already confirms all the above, there is no need for an additional written statement.

USCIS will request further verification if needed. Some forms of evidence can include company bylaws, articles of organization, letter of authority, board of directors meeting minutes, or other similar documentation.

CONCLUSION

When filing forms with USCIS it is essential the signatures are correct and provided by an authorized signer. To ensure compliance a corporation should check with their attorney and any employee signing on behalf of an entity should confirm they are legally authorized. Contact your Chugh, LLP immigration professional for case-specific questions.

[1] The Immigration and Nationality Act (INA).