sustained EB-1C Case: Engineering

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U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-T-US, LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 29,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an engineering services provider, seeks to permanently employ the Beneficiary as its 
production manager under the first preference immigrant classification of a multinational executive 
or manager. See Immigration and Nationality Act (the Act) section 203(b)(1)(C), 8 U.S.C. 
§ 1153(b )(1 )(C). This classification allows a U.S. employer to permanently transfer a qualified foreign 
employee to the United States to work in an executive or managerial 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 last foreign 
employer. 
On appeal, the Petitioner provides a brief contesting the Director's decision and resubmits evidence 
in support of its claim that it established a parent-subsidiary relationship between the two companies. 
Upon de novo review, we will sustain the appeal. 
I. DISCUSSION 
Section 203(b )(1 )(C) of the Act makes an immigrant visa available to a beneficiary who, in the three 
years preceding the filing of the petition, has been employed outside the United States for at least one 
year in a managerial or executive capacity, and seeks to enter the United States in order to continue to 
render managerial or executive services to the same employer or to its subsidiary or affiliate. 
To establish the required "qualifying relationship," the Petitioner must show that the Beneficiary's 
foreign employer and the proposed U.S. employer are the same employer (a U.S. entity with a 
foreign office) or related as a "parent and subsidiary" or as "affiliates." See section 203(b )(1 )(C) of 
the Act; see also 8 C.F.R. § 204.50)(2) (providing definitions of the terms "affiliate" and 
"subsidiary"). 
The Beneficiary's former employer in Mexico is majority-owned by 
a Texas limited partnership in which the Petitioner is a minority owner and the sole general 
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Matter ofG-T-US, LLC 
partner. 1 The record substantiates the Petitioner's claim that while it has only a minority ownership 
interest in it nevertheless controls the general partnership by virtue of a 
properly executed limited partnership agreement that gives it control of the company. The 
applicable definition of "subsidiary" includes a legal entity of which a parent owns, directly or 
indirectly, less than half of the entity, but in fact controls the entity. 8 C.F.R. § 204.5(j)(2). The 
Petitioner has established that the foreign entity that employed the Beneficiary is its indirect 
subsidiary. 
II. CONCLUSION 
The Petitioner has established that it has the required qualifying relationship with the Beneficiary's 
foreign employer and overcome the sole basis for denial. 
ORDER: The appeal is sustained. 
Cite as Matter ofG-T-US. LLC, ID# 420220 (AAO June 29, 2017) 
also has four limited partners, two of which are group companies owning a 
total of 49.95% of the entity. 
2