EB-1C Dismissed — Business Management (2012): did not establish a qualifying relationship between the U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign employer. The petitioner argued that because the same two individuals collectively held majority ownership in both companies, they were affiliates. The AAO found this unpersuasive, noting that a group of individual shareholders is not treated as a single controlling entity unless they are legally bound by voting agreements, which was not demonstrated.

Criteria Discussed

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