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If he can meet the criteria of the EB-1 for extraordinary ability as required, then getting out of his ownership of Y and working as a manager for Y whereby Y would apply for the transfer of his H1b, would be one way of doing this. If he is no longer an owner of Y, then they can sponsor him just like any other employer could sponsor him for a new H1b. He would need to have the top management role only AFTER he gets his visa, because he cannot be working for Y without an approved work visa (unless he works for them outside of the US).
Thank you for your reply.
Unfortunately, there is no real way to circumvent the process. However, companies pretty much have a free hand to explain why he is integral in management for their company which satisfies the exceptional ability. So it comes down to how good of job that Company Y does at explaining why his experience in the area and also with the company and the company clients are integral to the success of the company.
If he gets out of the ownership of Company Y and Company Y applies for his H1b transfer, then they need to explain how he is necessary for their operation and that is how he gets the approval through the EB-1
Thank you for your reply.Your friend is not in an easy position with the difficult immigration laws, but if he no longer owns Company Y and they can justify why his skill and knowledge is necessary for continuing to run the business, they can get him his visa approved under the EB-1 criteria because he would still be essential for that business.
I cannot represent him, so understand that, his company will have to get a local attorney to assist them to get the visa approved.