L-1B Dismissed — Technology (2017): 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. company and the foreign employer at the time the petition was filed. The ownership structures of the two entities were not owned by the same group of individuals with each individual holding approximately the same share. A change in the foreign entity's ownership to match the U.S. entity's occurred after the filing date and could not cure this deficiency.

Criteria Discussed

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