EB-1C Dismissed — International Trade, Consulting, And Finance (2006): the appeal was dismissed primarily because the petitioner

Decision Summary

The appeal was dismissed primarily 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. The AAO rejected the petitioner's argument that it was a successor-in-interest to a sole proprietorship, clarifying that a corporation is a separate legal entity and cannot have been doing business before its incorporation date. The petition was also found deficient for failing to describe the beneficiary's qualifying duties abroad and providing only a vague description of the proposed duties in the U.S.

Criteria Discussed

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