EB-1C Dismissed — Jewelry (2008): did not establish a continuous qualifying relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a continuous qualifying relationship between the U.S. company and the beneficiary's original foreign employer. The director found the petitioner did not prove it was an affiliate or subsidiary of the foreign entity, or that the beneficiary would be employed in a primarily managerial or executive capacity. The petitioner's claim that a new foreign company was a 'successor-in-interest' to the original employer, which ceased operations years ago, was not successfully proven.

Criteria Discussed

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