L-1B Remanded — Restaurant (2005): the director initially denied the petition, finding that a

Decision Summary

The director initially denied the petition, finding that a qualifying affiliate relationship did not exist because the sole owner of the U.S. entity did not own 'approximately the same share' of the foreign entity. The AAO disagreed, determining that because the same individual owned a majority and maintained control of both entities, an affiliate relationship was established. The case was remanded for a new decision to address the separate, unadjudicated issue of whether the beneficiary's role as a head chef constitutes a 'specialized knowledge' capacity.

Criteria Discussed

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