Definition of affiliation and subsidiary

USCIS rules define affiliate and subsidiary for deciding whether an employer qualifies for the first preference.

Affiliate is defined to mean:

1. one of two subsidiaries both of which are owned and controlled by the same parent or individual;
2. one of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity; or
3. international accounting firms.

Subsidiary is defined to mean:

a firm, corporation, or other legal entity in which a parent owns, directly or indirectly,

1. more than half of the entity and controls the entity;
2. 50% of a fifty-fifty joint venture and has equal control and veto power over the entity; or
3. less than half of the entity, but in fact controls the entity.