EB-1C Dismissed — Finance (2005): did not establish a qualifying relationship with the

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The director determined, and the AAO agreed, that the U.S. and foreign entities were not owned and controlled by the same group of individuals, with each individual owning approximately the same share or proportion of each entity. The petitioner's argument that two individuals held majority control was rejected because there was no evidence, such as a proxy agreement, to show they would always vote their shares in concert.

Criteria Discussed

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