EB-1C Dismissed — Agriculture (2013): did not establish a qualifying relationship with the

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The AAO determined that the U.S. petitioner and the foreign entity did not meet the regulatory definition of "affiliates," as they were not owned and controlled by the same group of individuals owning approximately the same proportion of each entity. The U.S. company had three owners, while the foreign company had five owners, which disqualified the relationship.

Criteria Discussed

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