sustained EB-1C Case: Financing Services

PUBLIC COPY 
identiFytng deleobd to 
prevent cbxb ~amnted 
invasim of perwnrl privacy 
SRC 04 136 5 1008 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
OFFICE: TEXAS SERVICE CENTER 
 Date: DEC 2 7 2006 
PETITION: 
 Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
\ Administrative ~pp&ls Office 
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DISCUSSION: The preference visa petition was denied by the director, Texas Service Center. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained and the 
petition will be approved. 
The petitioner is a Florida limited liability corporation operating as a used 
financing services provider. The petitioner indicates that it is an affiliate of the 
beneficiary's foreign employer. It seeks to employ the beneficiary as its 
petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 
203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1153(b)(l)(C), as a multinational 
executive or manager. The director denied the petition based on the petitioner's failure to establish that it has 
a qualifying relationship with the beneficiary's foreign employer. 
On appeal, counsel disputes the director's conclusions and submits a brief in support of his arguments. No 
additional evidence was submitted. 
Section 203(b) of the Act states, in pertinent part: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who 
are aliens described in any of the following subparagraphs (A) through (C): 
(C) Certain Multinational Executives and Managers. -- An alien is described 
in this subparagraph if the alien, in the 3 years preceding the time of the 
alien's application for classification and admission into the United States 
under this subparagraph, has been employed for at least 1 year by a firm or 
corporation or other legal entity or an affiliate or subsidiary thereof and who 
seeks to enter the United States in order to continue to render services to the 
same employer or to a subsidiary or affiliate thereof in a capacity that is 
managerial or executive. 
The language of the statute is specific in limiting this provision to only those executives and managers who 
have previously worked for a firm, corporation or other legal entity, or an affiliate or subsidiary of that entity, 
and who are coming to the United States to work for the same entity, or its affiliate or subsidiary. 
A United States employer may file a petition on Form 1-140 for classification of an alien under section 
203(b)(l)(C) of the Act as a multinational executive or manager. No labor certification is required for this 
classification. 
The issue in this proceeding is whether the petitioner established that it has a qualifying relationship with the 
beneficiary's foreign employer. 
The regulation at 8 C.F.R. 5 204.5(j)(2) states in pertinent part: 
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AfJiliate means: 
(A) One of two subsidiaries both of which are owned and controlled by the same parent or 
individual; 
(B) One of two legal entities owned and controlled by the same group of individuals, each 
individual owning and controlling approximately the same share or proportion of each 
entity; 
Subsidiary means a fm, corporation, or other legal entity of which a parent owns, directly or 
indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, 
half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 
joint venture and has equal control and veto power over the entity; or owns, directly or 
indirectly, less than half of the entity, but in fact controls the entity. 
The director denied the petition concluding that conflicting evidence of the ownership of the petitioner 
prevented her from finding that a qualifying relationship existed between the petitioner and the foreign 
employer. The director further concluded that the two or three individuals that own the U.S. entity are not the 
same persons who own the foreign entity. 
On appeal, counsel reiterates the initial claim of the petitioner that it is an affiliate of the foreign entity by way 
of the majority ownership and control of both entities by one individual. 
The assertions of counsel are persuasive. Although the petitioner failed to 
of the remaining 40% of the membership units from to 
is clear from the evidence of record that at no time after February 2003 did the majority owner of the 
petitioner relinquish majority ownership and control of either the U.S. or foreign entities. Therefore, the 
AAO finds that sufficient evidence has been submitted to show that the petitioner is an affiliate of the foreign 
employer. 
As such, the AAO finds that the petitioner has overcome the director's sole ground for denial and hereby 
withdraws the director's decision. This office sees no other grounds for denying the petition. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. The petitioner in the instant case has sustained that 
burden. 
ORDER: 
 The appeal is sustained. The decision of the director is withdrawn and the 
petition is approved. 
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