EB-1C Dismissed — Retail And Construction (2010): did not establish it had been doing business in the United

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it had been doing business in the United States for at least one year prior to the petition's filing date. The petitioner's own statements and evidence, including its lease agreement and licenses, confirmed that it began full business operations less than a year before filing. The AAO rejected the petitioner's argument to apply a broader definition of 'doing business' similar to that for L-1 'new office' petitions, as the immigrant petition regulations explicitly require one year of prior business activity.

Criteria Discussed

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