EB-1C Dismissed — Software Development And Consulting: 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 petitioner did not prove that the foreign entity, which owned only 30% of the U.S. company, actually controlled the U.S. entity at the time of filing, as the control agreement was not fully executed until after the petition was submitted and documentation on the remaining ownership was missing.

Criteria Discussed

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