Sustained
EB-1C
EB-1C Sustained โ Hospitality (2008): the director denied the petition, finding no qualifying
Decision Summary
The director denied the petition, finding no qualifying relationship because the petitioner managed the foreign hotel but did not own it. The appeal was sustained because the petitioner successfully argued that through its management agreement, it exercised complete control over the hotel's operations and employment, including the authority to hire and fire employees, which established the necessary employer-employee relationship.
Criteria Discussed
Qualifying Relationship Subsidiary/Affiliate Relationship Control Of The Foreign Entity Employer-Employee Relationship
๐ Original decision (USCIS PDF)
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