Dismissed
EB-1C
EB-1C Dismissed — Retail (2011): did not establish a qualifying corporate relationship
Decision Summary
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship (e.g., parent, subsidiary, or affiliate) with the beneficiary's previous foreign employer. The petitioner incorrectly argued that AC21 portability provisions allowed for a change of employer, but the AAO affirmed that the petitioner must first be a qualifying organization, which requires a direct corporate link to the foreign entity.
Criteria Discussed
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Prior Employment Abroad Managerial Or Executive Capacity Applicability Of Ac21 Portability
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