EB-1C Dismissed — Software Development (2006): 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 and the AAO concluded that the U.S. and foreign entities did not meet the regulatory definition of an 'affiliate' because they were not owned and controlled by the same group of individuals, and no evidence, such as voting proxies or agreements, was submitted to prove unified control.

Criteria Discussed

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