EB-1C Dismissed — Finance (2009): did not establish a qualifying relationship existed with

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that a qualifying relationship existed with the beneficiary's foreign employer at the time the petition was filed. The petitioner admitted that its Swiss affiliate, which had employed the beneficiary, had been 'shut down,' thereby severing the required corporate relationship. The AAO rejected the argument that the petitioner's continued status as a multinational entity was sufficient, emphasizing that the specific relationship between the U.S. petitioner and the foreign employer must exist at the time of filing.

Criteria Discussed

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