EB-1C Dismissed — Construction: 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. and foreign entities. The director determined that the ownership breakdown between the two companies did not meet the regulatory definition of an 'affiliate,' where the same individuals must own and control approximately the same proportion of each entity. The AAO rejected the petitioner's argument of 'de facto' control, stating this concept is narrowly applied to parent-subsidiary relationships and not applicable in this case to establish an affiliate relationship.

Criteria Discussed

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