EB-1C Dismissed — Gaming Machine Distribution (2018): did not establish a qualifying affiliate relationship with

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 by the same group of individuals with each individual owning approximately the same share of each entity. The petitioner's argument that three individuals held majority ownership in both entities was rejected because the group was not legally bound to act as a single unit, and the foreign entity had a total of 11 shareholders.

Criteria Discussed

Sign up free to download the original PDF