dismissed EB-1C Case: Electronics

..... 
identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
FILE: OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
u.s. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529·2090 
u.s. Citizenship 
and Immigration 
Services 
NOV 1 6 2010 
Date: 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: SELF -REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion. 
The fee for a Form 1-290B is currently $585, but will increase to $630 on November 23,2010. Any appeal or 
motion filed on or after November 23,2010 must be filed with the $630 fee. Please be aware that 8 C.F.R. § 
103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to 
reconsider or reopen. 
Thank you, 
• 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner is a Florida corporation that seeks to employ the beneficiary as its president. Accordingly, the 
petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 
203 (b)(1 )(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(1 )(C), as a multinational 
executive or manager. The director denied the petition based on the determination that the petitioner failed to 
submit the required initial evidence in support of the petition. 
On appeal, the petitioner submits an affidavit and various documents relating to his establishment of the 
petitioning corporation in the State of Florida in 2006. 
Section 203(b) of the Act states in pertinent part: 
(1) Priority Workers. -- Visas shall first be made available ... to qualified immigrants who 
are aliens described in any of the following subparagraphs (A) through (C): 
* * * 
(C) Certain Multinational Executives and Managers. -- An alien is described 
in this subparagraph if the alien, in the 3 years preceding the time of the 
alien's application for classification and admission into the United States 
under this subparagraph, has been employed for at least 1 year by a firm or 
corporation or other legal entity or an affiliate or subsidiary thereof and who 
seeks to enter the United States in order to continue to render services to the 
same employer or to a subsidiary or affiliate thereof in a capacity that is 
managerial or executive. 
The language of the statute is specific in limiting this provision to only those executives and managers who 
have previously worked for a firm, corporation or other legal entity, or an affiliate or subsidiary of that entity, 
and who are coming to the United States to work for the same entity, or its affiliate or subsidiary. 
A United States employer may file a petition on Form 1-140 for classification of an alien under section 
203(b)(1)(C) of the Act as a multinational executive or manager. No labor certification is required for this 
classification. The prospective employer in the United States must furnish a job offer in the form of a 
statement which indicates that the alien is to be employed in the United States in a managerial or executive 
capacity. Such a statement must clearly describe the duties to be performed by the alien. 
The regulation at 8 C.F.R. § 204.50)(3) states the following with regard to the initial filing requirements that 
apply to a petitioner seeking to employ a beneficiary in the immigrant visa classification of multinational 
manager or executive: 
(i) Required evidence. A petition for a multinational executive or manager must be 
accompanied by a statement from an authorized official of the petitioning United States 
employer which demonstrates that: 
Page 3 
(A) If the alien is outside the United States, in the three years immediately preceding 
the filing of the petition the alien has been employed outside the United States for at 
least one year in a managerial or executive capacity by a firm or corporation, or other 
legal entity, or by an affiliate or subsidiary of such a firm or corporation or other 
legal entity; or 
(B) If the alien is already in the United States working for the same employer or a 
subsidiary or affiliate of the firm or corporation, or other legal entity by which the 
alien was employed overseas, in the three years preceding entry as a nonimmigrant, 
the alien was employed by the entity abroad for at least one year in a managerial or 
executive capacity; 
(C) The prospective employer in the United States is the same employer or a 
subsidiary or affiliate of the firm or corporation or other legal entity by which the 
alien was employed overseas; and 
(D) The prospective United States employer has been doing business for at least one 
year. 
In support of the Form 1-140, the beneficiary submitted an undated letter on his own behalf, claiming that he 
established the petitioning entity as "sole entrepreneur" and that he planned to expand his business of 
importing and exporting electronic components throughout the United States. The beneficiary asked for 
assistance from U.S. Citizenship and Immigration Services in helping him to attain immigrant status in the 
classification of a multinational manager or executive. The only additional documentation that was submitted 
with the beneficiary'S letter included the petitioner's Articles ofIncorporation, the petitioner's sales and use 
tax registration certificate, and evidence from the Florida Department of State Division of Corporations 
showing that the petitioner was incorporated in the State of Florida on September 12,2006. 
On May 19,2009, the director denied the petition, concluding that that the petitioner failed to submit any of 
the required initial evidence in support of the Form 1-140. 
On appeal, the beneficiary stated that he was submitting all paperwork for the Florida corporation and asked 
that the petition be "reexamined" so that his status can be adjusted. Additionally, the beneficiary provided an 
affidavit in which he attested to his own personal information and further claimed that he was submitting 
evidence to meet evidentiary requirements. 
Although the affidavit referred to a notice of intent to deny, the record indicates that such a notice was not 
issued, as the director chose to deny the petition outright without requesting further evidence. With regard to 
the beneficiary'S claim that he was submitting documents to meet certain evidentiary requirements, the only 
other evidence that was submitted in support of the appeal included six purchase invoices showing purchases 
made by the petitioner from January to May 2009; an electronic printout of a checking account transaction 
history with no information identifying the owner of the account; a shipping document identifying the 
beneficiary as the consignee; and a copy of the petitioner'S blank check and business credit/check card. 
Although the Form 1-290B was marked to indicate that a brief and/or additional evidence would be submitted 
within 30 days of the appeal, there is no indication that the record was further supplemented after the appeal 
was filed. As such, the record will be deemed complete as presently constituted and a decision will be made 
on the basis of the documentation that has been submitted thus far. 
Page 4 
The petitioner provided no information regarding the beneficiary's employment abroad, nor evidence 
establishing that a qualifying relationship exists between the petitioner and the foreign entity that previously 
employed the beneficiary. 
Although the petitioner attempted to meet the requirement described at 8 c.P.R. § 204.5G)(3)(i)(D), the 
invoices that were provided on appeal do not establish that the petitioner was doing business during the full 
12-month period prior to filing the petition. The petition was filed on April 6, 2009. The only invoices that 
predate that time period are from January to March 2009 and thus only account for three months of a 12-
month time period. 
Additionally, while not part of the initial evidentiary requirements, the regulation at 8 C.P.R. § 204.5G)(5) 
requires that the petitioner provide a detailed description ofthe beneficiary's proposed job duties to establish 
that the beneficiary would be employed within a qualifying managerial or executive capacity. The record is 
devoid of this evidence as well. 
In summary, the petitioner has failed to submit the initial evidence listed at 8 c.P.R. § 204.5(j)(3)(i) and has 
failed to establish that the beneficiary would be employed by the U.S. entity in a qualifying managerial or 
executive capacity. Therefore, in light of the petitioner's failure to meet these basic evidentiary requirements, 
the AAO cannot approve the instant petition. 
The petition will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. In visa petition proceedings, the burden of proving eligibility for the benefit 
sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The petitioner has not 
sustained that burden. 
ORDER: The appeal is dismissed.