EB-1C Dismissed — Electronic Chip Design (2007): did not establish it had been doing business in the U.S

Decision Summary

The appeal was dismissed because the petitioner failed to prove it had been doing business in the U.S. for at least one year prior to filing the petition. The evidence submitted, such as tax returns with minimal income and invoices for initial expenses, was found to represent preparation to commence business rather than the required 'regular, systematic, and continuous provision of goods and/or services'. The director also questioned if the beneficiary would be employed in a managerial or executive capacity.

Criteria Discussed

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