EB-1C Dismissed — Business Technology Consulting (2006): 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 determined that the two companies were not owned and controlled by the same group of individuals owning approximately the same share or proportion of each entity, as required by regulation. The argument that a combination of individual shareholders constitutes a single controlling group was rejected in the absence of legal agreements like voting proxies.

Criteria Discussed

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