sustained EB-1C Case: Hotel Operations

Decision Summary

The director initially denied the petition, concluding the petitioner did not have a qualifying relationship with the beneficiary's foreign employer because it only managed the foreign hotel under contract, rather than owning it. The appeal was sustained because the petitioner successfully argued that its management agreement granted it full operational control, including the hiring and firing of employees, which established the necessary control to be considered the beneficiary's employer and create a qualifying relationship.

Criteria Discussed

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