L-1A Dismissed — Software Consulting: 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 beneficiary's foreign employer. Although the foreign entity owned a majority interest (51%) in the U.S. petitioner, the director found that the Operating Agreement did not grant it actual control over the U.S. entity. Additionally, the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity.

Criteria Discussed

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