sustained
EB-1C
sustained EB-1C Case: Jewelry
Decision Summary
The Director initially denied the petition for failing to establish a qualifying relationship, specifically common control, between the U.S. and foreign employers. The AAO sustained the appeal because the 50-50 ownership split between the ultimate owner and his spouse established 'negative control,' which is sufficient to demonstrate a qualifying relationship.
Criteria Discussed
Qualifying Relationship Common Ownership Common Control
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U.S. Citizenship and Immigration Services MATTER OF C-, LLC Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 18, 2018 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a jewelry repairer offering services to the jewelry trade, seeks to permanently employ the Beneficiary as its chief operating officer under the first preference immigrant classification for multinational executives or managers. Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. § l 153(b)(l)(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 record did not establish, as required, that the Petitioner has a qualifying relationship with the Beneficiary's foreign employer. The Petitioner. filed a motion to reopen and reconsider. The Director granted the motion and affirmed the denial of the petition. On appeal, the Petitioner asserts that the Director erred because the evidence of record is sufficient to establish a qualifying relationship between the two employing entities. Upon de novo review, we will sustain the appeal. , The ultimate owner of the Beneficiary's former foreign employer is also 50% owner of the petitioning U.S. employer; his spouse owns the other half of the entity. The Director concluded that the Petitioner had established common ownership, but not common control, of the two companies. The Director stated that "[b ]oth · owners possess negative control ... of the [petitioning] entity." Negative control arising from a 50-50 ownership split, however, is sufficient to establish a qualifying relationship if there is no superseding arrangement in place. See Matter of Siemens Med. Sys., Inc., 19 I&N Dec. 362, 364 (Comm'r 1986). The Petitioner has overcome the only stated basis for denial. ORDER: The appeal is sustained. Cite as Matter ofC-, LLC, ID# 1740209 (AAO Oct. 18, 2018)
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