EB-1C Dismissed — Motorcycle Dealership (2017): 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, which is a fundamental requirement. The petitioner claimed a joint venture agreement created a subsidiary relationship, but the AAO found that a joint venture between two otherwise unrelated businesses does not make one a subsidiary or affiliate of the other. Since the required corporate relationship did not exist between the U.S. petitioner and the foreign employer, the petition was not approvable.

Criteria Discussed

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