Can you advise about the O-1 visa — filing independently through my own LLC without an agent? I want to register an LLC with my wife — she would hold 51% and I’d hold 49%. Question: is this setup acceptable for the O-1 or would it not work? I think the issue might be that even though my share would be under 50%, I still couldn’t be fired — which means a proper “employer-employee” relationship wouldn’t exist.
The question here isn’t about percentages but who can formally fire you. Roughly speaking, if your wife owns 51% and the operating agreement explicitly states the right to terminate the contract, then an employer-employee relationship exists on paper. But USCIS looks closely at such arrangements, especially if the LLC was set up specifically for the petition — they might ask about the company’s real business activity, sources of income, who made the hiring decisions. If the business isn’t just a shell, the scheme can work.
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