EB-1C Dismissed — Ice Cream Manufacturing (2007): 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 AAO found significant inconsistencies in the evidence regarding the ownership structure of the U.S. company; membership certificates indicated five members and a 51% ownership for the beneficiary, while a tax return showed four members and a 56.67% ownership. The petitioner failed to reconcile this discrepancy, thereby failing to prove the required affiliate relationship.

Criteria Discussed

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