EB-1C Dismissed — Activated Carbon Production (2017): did not establish a qualifying affiliate relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entities. The AAO found that the common individual owners did not own approximately the same proportion of each company and were not legally bound to vote their shares as a single unit. Additionally, the decision noted that the record was insufficient to establish that the beneficiary would be employed in a primarily managerial or executive capacity.

Criteria Discussed

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