EB-1C Dismissed — Silicon Metal Supply (2006): did not establish a qualifying affiliate relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. company and the foreign entity. The evidence regarding the beneficiary's ownership of the U.S. company was contradictory; the operating agreement showed 49% ownership while tax documents suggested 50%. The petitioner failed to resolve this inconsistency with independent, objective evidence, thus failing to prove the common ownership and control required for an affiliate relationship.

Criteria Discussed

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