The “Matter of Tessel Inc.” revolves around a petition filed by Tessel Inc. to classify a beneficiary under section 203(a)(6) of the Immigration and Nationality Act. This classification was based on the beneficiary’s vice president and export director role. Tessel Inc. sought blanket labor certification under Schedule A Group IV, which necessitated proof that the beneficiary had been employed in a managerial or executive capacity within the same international corporation abroad for the year preceding their admission to the U.S.
Key Issues
The case hinged on two primary issues:
- Determining if the beneficiary was affiliated with Tessel Inc., as defined by 20 C.F.R. 656.10 and section 101(a)(15)(L) of the Immigration and Nationality Act, required establishing a high degree of shared ownership and management.
- Classifying the beneficiary as an employee or an investor affects their visa eligibility.
Findings
- Affiliation and Corporate Relationship: The case clarified the definition of “affiliated” companies, emphasizing the importance of significant common ownership and management directly or through a third entity. The court found a substantial common ownership and management between the beneficiary and Tessel Inc., affirming their affiliate relationship.
- Employee Status: Despite being an unsalaried chairman, the beneficiary was recognized as an employee in a managerial or executive role, making them eligible for Schedule A Group IV labor certification.
- Multiple Visa Classifications: The decision also underscored that eligibility for a non-preference status does not exclude qualification for a preference status.
Outcome
Tessel Inc.’s visa petition was approved under section 203(a)(6) based on the established affiliate relationship and the beneficiary’s role within the company.
Implications
This decision is a cornerstone in understanding corporate relationships and employee status in immigration petitions. It highlights:
- The intricacies in defining corporate affiliations and employee classifications.
- The possibility of an individual qualifying for multiple visa classifications.
- Its role serves as a precedent for similar cases involving international corporate affiliations and individual statuses in immigration contexts.
Conclusion
The “Matter of Tessel Inc.” is an essential case for professionals and individuals navigating the complexities of corporate affiliations and employee classifications in U.S. immigration law, particularly concerning L-1 visa petitions and blanket labor certifications.
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