I don't have a situation, I'm trying to find out information for an internship I'm doing.
You need to clarify what do you mean by "some control"? Are you referring to management duties, or transferring equity shares into his name?
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleague. Contact a US immigration attorney for assistance.
The LLC should be concerned with much more than violating the regulations. Suggest they consult with an immigration lawyer.
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"Sole control" over the petitioning entity that filed the FORM I-129 may present a problem in that , in effect, you may have a self petition situation.
This depends on what you mean by giving "him sole control over the LLC." As some of my colleagues have mentioned, if the O-1 applicant is granted full ownership of the company, USCIS may deem this to be a self-petition (which is prohibited) and perhaps even fraudulent (depending on whether transferring control was the plan from the beginning). Even if it isn't deemed to be a violation, if he possesses full control at the time of the O-1 extension, this will likely present a problem at the time he files for an extension of status. You may want to consider speaking with an immigration attorney to determine whether there are alternate visa options. For example, there are visas available to business owners and entrepreneurs, provided that they meet certain requirements.
If it would end up in a scenario where the O-1 fully controls the company and is essentially self-employed, that is not going to pass muster once the government figures it out. - This will come back to haunt the O-1 beneficiary at a later time, either when seeking to extend status in the US, applying for a new visa at an Embassy abroad, or when applying for a green card.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.
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