The term “American firm or corporation” means a company owned more than 50% by U.S. nationals: Publicly traded corporation: A publicly traded corporation is considered to be an “American firm or corporation” if the applicant can demonstrate that the corporation is incorporated in the U.S. and trades its stock exclusively on the U.S. stock exchange. The corporation’s most recent annual report is usually enough to prove this. Privately held corporation: Evidence that the employer is a qualifying American firm or corporation may include: copies of the business’ articles of incorporation, evidence of ownership including copies of stock certificates and ledgers, and proof of the shareholders’ nationality. Partnership: For a partnership to qualify as an “American firm,” 51% of the partners must be of U.S. nationality. Sole proprietorship: It is unclear whether a sole proprietorship counts as an “American firm.” There is at least one INS memorandum implicitly supporting this position. Still, as discussed below, the sole owner may have problems proving he “employs” himself. Nonprofit corporation: The statute doesn’t limit the term “American firm or corporation” to for-profit entities. The legacy INS has recognized that nonprofits incorporated in the U.S. qualify.