sustained EB-1C Case: Biopharmaceutical

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 1, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a bio-pharmaceutical research and development company, seeks to permanently 
employ the Beneficiary as its compliance director under the first preference immigrant classification 
for multinational executives or managers. See Immigration and Nationality Act (the Act) 
section 203(b)(1)(C), 8 U.S.C. § 1153(b)(l)(C). This classification allows a U.S. employer to 
permanently transfer a qualified foreign employee to the United States to work in a managerial or 
executive capacity. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that it has a qualifying relationship with the Beneficiary's employer abroad. 
On appeal, the Petitioner asserts that the Beneficiary's foreign employer, a Spanish company, is its 
subsidiary as defined at 8 C.F.R. 204.5(j)(2), and submits additional evidence in support of this 
claim. 
Upon de novo review of the record, we will sustain the appeal. The newly submitted evidence 
demonstrates that the Petitioner ultimately owns the Spanish entity through various wholly-owned 
subsidiaries. The Petitioner has established by a preponderance of the evidence that the two entities 
have a qualifying parent-subsidiary relationship 
ORDER: The appeal is sustained. 
Cite as Matter ofA-lnc .. ID# 1224057 (AAO May 1, 2018)