L-1A Sustained — Biotechnology (2017): established a qualifying affiliate relationship with the

Decision Summary

The appeal was sustained because the petitioner successfully demonstrated a qualifying affiliate relationship with the beneficiary's foreign employer. The Director initially denied the case for lack of evidence of common ownership and control, but on appeal, the petitioner established that a single individual exercised 'de facto control' over both entities through a combination of direct and indirect ownership, which was sufficient to meet the regulatory requirements.

Criteria Discussed

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