EB-1C Dismissed — Restaurant (2020): 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 Petitioner did not provide sufficient documentary evidence of its ownership, such as an operating agreement or membership records. Additionally, the evidence on record did not show that the U.S. and foreign entities were owned and controlled by the same individuals in approximately the same share or proportion, as required to establish an affiliate relationship.

Criteria Discussed

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