EB-1C Dismissed — Restaurant (2010): did not establish a qualifying relationship between the U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entity that employed the beneficiary. The petitioner did not provide documentation to indicate common ownership and control. The petitioner's argument that their due process rights were violated by not receiving a Request for Evidence (RFE) was rejected, as the issuance of an RFE is at the discretion of the director.

Criteria Discussed

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