L-1A Sustained — Stained Glass: did not establish a qualifying relationship between the U.S

Decision Summary

The director denied the petition for failing to establish a qualifying relationship between the U.S. and foreign entities, and for not proving the beneficiary's managerial role abroad. The petitioner successfully argued on appeal that the director incorrectly focused on a franchise agreement and ignored evidence of the beneficiary's 50% ownership in both entities, which satisfies the definition of an affiliate. The AAO found the entities were qualifying organizations and withdrew the director's decision.

Criteria Discussed

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