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Can founders of a startup who have majority ownership & with appropriate board having the power to fire them sponsor green card through their startup? Founders are currently on H1b with approved I-140. Thank you



Excellent question. The answer is yes but substantial ownership is problematic in the PERM green card context, where it is not an issue - and in fact is often helpful - in the national interest waiver (NIW) and extraordinary ability (EB1A) green card contexts. Substantial ownership in the PERM context almost always will trigger an audit and substantial delays.


I was in the exact position. H1B founder needed to move to a GC. My 6 year H1B renew runway was ending. Peter did all the legal/immigration work for me. Applied for the GC via extraordinary ability (EB1A) context. I must say this was the smoothest immigration experience ever. And I have gone through 2 x E3s & 3 x H1Bs using other lawyers. I wish I knew about Peter earlier. Highly recommend everyone here to work with Peter!!


Do you have a Phd? How did you satisfy the requirements of EB1A otherwise?


No Phd. Just Masters & Bachelor. I blogged about my journey as an Aussie founder in US on a H1B getting a Green Card here: http://www.theroadtosiliconvalley.com/visa/green-card-cofoun... Feel free to reach out if you have more questions.




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