EB-1C Sustained — Distribution / Electronics Parts (2022): the appeal was sustained upon a motion to reopen because

Decision Summary

The appeal was sustained upon a motion to reopen because the petitioner submitted new facts and documentary evidence successfully demonstrating a qualifying affiliate relationship between the U.S. petitioner and the beneficiary's foreign employer. The initial denial and appeal dismissal were based on the failure to establish this relationship, but the new evidence met the preponderance of the evidence standard.

Criteria Discussed

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