The investor must have control of the US business by owning at
least 50 percent of the enterprise. An equal share of the investment
in a joint venture or an equal partnership of two parties, generally
does give controlling interest, if the joint venture and partner
each retain full management rights and responsibilities.
This arrangement is often called "Negative Control".
With each of the two parties possessing equal responsibilities,
they each have the capacity of making decisions that are binding
on the other party. The US Department of State has determined that
an equal partnership with more than two partners would not give
any of the parties control based on ownership, as the element of
control would be too remote even under the negative control theory.
FOR CONSULTATION WITH AN IMMIGRATION LAWYER, PLEASE CALL
US AT (626) 279-5341 OR E-MAIL US AT: INFO@E2VISALAWYER.NET. AN ATTORNEY IN OUR OFFICE WOULD
BE HAPPY TO ASSIST YOU.
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REGARDING SPECIFIC CASE SITUATIONS.
All
services relating to immigration and naturalization provided by
the Law Office of Bobby C. Chung, P.C. are provided by lawyers
who are active members of the State Bar of California or by a
person under the supervision of a licensed lawyer.