dismissed L-1A Case: Lumber Export
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Decision Summary
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship with the beneficiary's foreign employer. The regulations require that for two entities to be affiliates, they must be owned and controlled by the same group of individuals, with each individual owning and controlling approximately the same share or proportion of each entity. The evidence showed significantly different ownership percentages for the individuals across the U.S. and foreign companies, which negated the claim of a valid affiliate relationship.
Criteria Discussed
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