EB-1C Dismissed — Business (2009): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. The director found, and the AAO agreed, that the beneficiary's 95% ownership of the foreign parent company, which wholly owns the U.S. petitioner, means the beneficiary ultimately owns and controls the petitioning entity. Therefore, the beneficiary cannot be considered an 'employee' in a managerial or executive capacity as required by the statute.

Criteria Discussed

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