L-1A Dismissed — Furniture (2008): did not establish a qualifying relationship with the

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The AAO found that the U.S. and foreign entities were not affiliates because they were not owned and controlled by the same group of individuals in approximately the same proportion. Specifically, the beneficiary owned a controlling 66.7% interest in the U.S. company but only a small, non-controlling interest in the foreign company, and the familial relationship between owners was deemed insufficient to meet the regulatory requirements.

Criteria Discussed

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