EB-1C Dismissed — Precious Metal Reclamation: the appeal was dismissed due to conflicting evidence about

Decision Summary

The appeal was dismissed due to conflicting evidence about the U.S. company's ownership, which undermined the claim of a qualifying affiliate relationship. The petitioner's tax filings as an S Corporation, which cannot have non-resident alien shareholders, contradicted the claim that the beneficiary, a non-resident alien, owned the company. Furthermore, the petitioner failed to provide an adequate description of the beneficiary's proposed duties to prove the position was managerial or executive.

Criteria Discussed

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