sustained EB-1C Case: Flavors And Fragrances

U.S. Citizenship 
and Immigration 
Services 
MATTER OF F -, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 21,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer of flavors and fragrances, seeks to permanently employ the Beneficiary 
as its "Global Category Director" under the first preference immigrant classification of a 
multinational executive or manager. See Immigration and Nationality Act (the Act) § 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 Nebraska Service Center denied the petition, concluding that the Petitioner did 
not establish, as required, that the Petitioner has a qualifying relationship with the Beneficiary's last 
foreign employer. On appeal, the Petitioner submits additional evidence and asserts that the Director 
erroneously found the previously submitted evidence insufficient to confirm the affiliate relationship 
between the Petitioner and the Beneficiary's last foreign employer located in Switzerland. 
Upon de novo review, we will sustain the appeal. 
To establish a "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§ 203(b)(l)(C) of the Act; see 
also 8 C.F .R. § 204.5(j)(2) (provid,ing definitions of the terms "affiliate" and "subsidiary"). 
The record substantiates the Petitioner's claim that it and the Beneficiary's last employer abroad 
have a qualifying affiliate relationship based on their common ownership by the same Swiss 
company. Both entities are part of the same larger multinational organization, which has 6,000 
employees worldwide and operations in 60 countries. The Petitioner has established the required 
qualifying relationship and overcome the sole basis for denial. 
ORDER: The appeal is sustained. 
Cite as Matter ofF- Inc., ID# 457838 (AAO June 21, 2017)