EB-1C Remanded — Restaurants (2007): the director denied the petition, concluding that a

Decision Summary

The director denied the petition, concluding that a qualifying affiliate relationship did not exist because the U.S. and foreign companies were not owned and controlled by the same group of individuals in approximately the same proportion. The AAO found the director's interpretation of the regulatory definition of 'affiliate' to be erroneous, withdrew the decision, and remanded the case for a new decision under the correct legal standard.

Criteria Discussed

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