EB-1C Dismissed — Warehouse And Distribution (2020): 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 provide sufficient evidence to demonstrate that the foreign employer exercised 'de facto control' over the U.S. entity through its minority ownership of an intermediary company, as there was no proof of voting restrictions or other agreements that would guarantee control.

Criteria Discussed

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