L-1A Dismissed — Textiles: did not establish a qualifying affiliate relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entities at the time of filing. The director found that the sole owner of the foreign entity owned only 15 percent of the U.S. company, which was insufficient to prove common ownership and control. The petitioner's attempt to remedy this by transferring shares after the filing date was not considered, and the argument for 'de facto' control was not accepted.

Criteria Discussed

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