dismissed EB-1C Case: Financial Services
Decision Summary
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship with the beneficiary's foreign employer existed at the time the petition was filed. A corporate restructuring prior to filing, in which the foreign entity sold its interest in the U.S. petitioner, had severed the required affiliate relationship. The AAO affirmed the director's finding that the regulations require this relationship to exist at the time of filing and continue through adjudication.
Criteria Discussed
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