EB-1C Dismissed — Retail Food (2009): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. Since the beneficiary was the sole owner of the petitioning corporation at the time of filing, the director concluded he did not qualify as an 'employee' under the common-law master-servant standard. The AAO found that precedent cases cited by the petitioner were superseded by statutory changes in 1990 that require an employment relationship for this visa classification.

Criteria Discussed

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