Dismissed
EB-1C
EB-1C Dismissed — Retail (2012): did not establish it had been doing business for at least
Decision Summary
The appeal was dismissed because the petitioner failed to establish it had been doing business for at least one year prior to filing the petition, as required by 8 C.F.R. § 204.5(j)(3)(i)(D). The petitioner was incorporated less than a year before filing, and the AAO rejected the argument that work performed by the beneficiary before incorporation could satisfy this requirement.
Criteria Discussed
U.S. Petitioner Must Be Doing Business For At Least One Year Definition Of 'Doing Business' Qualifying Relationship Between Foreign And U.S. Entities Beneficiary'S Prior Employment In A Managerial Or Executive Capacity
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