Company relationship

Qualifying relationship

Whether the U.S. employer and the foreign employer are the same company or a parent, subsidiary or affiliate.

What USCIS is questioning

Whether the foreign employer and the U.S. employer are the same employer, parent and subsidiary, or affiliates, based on ownership and control.^[1,2]
Whether the relationship existed at filing and still exists.^[3]

The legal standard

8 CFR 204.5(j)(3)(i)(C) requires the U.S. employer to be the same employer as, or a subsidiary or affiliate of, the foreign employer; (j)(2) defines subsidiary and affiliate.^[1]
Matter of F-M- (adopted decision): the relationship must exist at filing and continue until adjudication; after a pre-filing restructuring, a valid successor can carry it.^[3]
The Policy Manual adds that the relationship must be shown to continue until the beneficiary becomes a permanent resident.^[2]

How the request usually reads

Interpretation RFEs usually ask for documents showing who owns each company and how control is exercised, and for an explanation of any change in ownership.^[2,4]

Evidence petitioners often provide

Interpretation Stock certificates, share ledgers, articles and bylaws or operating agreements for both companies.^[4,5]
Interpretation Ownership disclosures on tax returns that match the claimed structure.^[4]
Interpretation Proof of payment for shares or capital contributions, where ownership was acquired by investment.^[2]

Where responses go wrong

Interpretation Records that disagree with each other, such as tax returns stating that no one owns 50 percent when the petition claims two 50-percent owners.^[4]
High confidence A restructuring after filing that breaks the chain of ownership before the decision.^[3]

AAO decisions on this issue

Matter of F-M- Co., Adopted Decision 2020-01 (AAO May 5, 2020)
Adopted decision: the qualifying relationship must exist at filing and continue through adjudication; a foreign employer merged before filing can continue through a valid successor, and the appeal was sustained.
Matter of Church Scientology International, 19 I&N Dec. 593 (Comm'r 1988)
Precedent (INS Commissioner, 1988): whether a qualifying relationship exists turns on ownership and control of the entities.
AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 42917310 (Aug. 7, 2026)
The relationship wasn't established because the stock ledger didn't account for all issued shares and the tax returns' ownership answers contradicted the claimed 50-50 ownership.

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

1.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
2.USCIS Policy Manual, Volume 6, Part F, Chapter 4 — Multinational Executive or ManagerUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
3.Matter of F-M- Co., Adopted Decision 2020-01 (AAO May 5, 2020)USCIS Administrative Appeals Office · AAO decision · Published May 5, 2020 · Checked Sep 27, 2026
4.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 42917310 (Aug. 7, 2026)USCIS Administrative Appeals Office · AAO decision · Published Aug 7, 2026 · Checked Sep 27, 2026
5.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 42456590 (Apr. 29, 2026)USCIS Administrative Appeals Office · AAO decision · Published Apr 29, 2026 · Checked Sep 27, 2026
6.Matter of Church Scientology International, 19 I&N Dec. 593 (Comm'r 1988)Legacy INS Commissioner (published by DOJ EOIR in the DHS/AAO/INS precedent decisions series) · AAO decision · Published Mar 15, 1988 · Checked Sep 27, 2026