dismissed EB-1C Case: Banking
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Decision Summary
The appeal was dismissed because the petitioner failed to establish it had been 'doing business' in the U.S. for at least one year prior to filing the petition, as required by 8 C.F.R. § 204.5(j)(3)(i)(D). The AAO determined that the petitioner's prior activities as a 'representative office' constituted the 'mere presence of an agent or office' and not the 'regular, systematic, and continuous provision of goods and/or services' needed to meet the definition of doing business.
Criteria Discussed
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