EB-1C Dismissed — Software Development (2013): 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 director found, and the AAO agreed, that the U.S. and foreign entities were not owned and controlled by the same group of individuals as required, since they only had three out of four owners in common. The petitioner's arguments on appeal regarding 'de jure' control were not found to be persuasive.

Criteria Discussed

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