EB-1C Sustained — Marble Products (2007): the director incorrectly determined that a qualifying

Decision Summary

The appeal was sustained because the director incorrectly determined that a qualifying relationship did not exist. The director erroneously evaluated the relationship at the time the beneficiary first entered the United States, whereas the correct legal standard is to assess the relationship at the time the immigrant petition was filed. The petitioner provided sufficient evidence to establish the qualifying affiliate relationship as of the filing date.

Criteria Discussed

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