L-1B Dismissed — Software (2023): 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. The petitioner claimed a parent-subsidiary relationship, but the U.S. corporation itself had no ownership stake in the foreign entity. The entities also did not qualify as affiliates because the ownership structure was not approximately the same, and a shareholder voting agreement submitted to prove control was found insufficient.

Criteria Discussed

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