EB-1C Dismissed — Dairy Products (2017): did not establish a qualifying 'affiliate' relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying 'affiliate' relationship with the beneficiary's foreign employer. The AAO found that the U.S. and foreign entities were not owned and controlled by the same group of individuals holding approximately the same share in each entity, as required. Although the AAO withdrew the Director's finding regarding the ability to pay the wage, the failure to prove the corporate relationship was fatal to the petition.

Criteria Discussed

Sign up free to download the original PDF