EB-1C Dismissed — Wholesale Trade (2009): the petitioner failed to overcome the director's grounds

Decision Summary

The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did not establish a valid employer-employee relationship, that the beneficiary would be employed in a qualifying managerial or executive capacity, or that the petitioner had the ability to pay the proffered wage. The AAO focused on the employer-employee relationship, especially complicated by the beneficiary's significant ownership stake in both the U.S. and foreign entities, and also noted inconsistencies in the record regarding ownership percentage.

Criteria Discussed

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