dismissed EB-1C Case: Wholesale Trade
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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