EB-1C Dismissed — Securities Brokerage (2005): 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 as required. The AAO found that the U.S. and foreign entities were not owned and controlled by the same group of individuals in approximately the same share or proportion. The petitioner's argument for de facto control by two individuals was rejected due to the lack of a formal proxy agreement proving they would vote their shares in concert.

Criteria Discussed

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