Dismissed
EB-1C
EB-1C Dismissed — Retail And Services (2021): did not establish it had been 'doing business' in the U.S
Decision Summary
The appeal was dismissed 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 evidence showed business activity, such as leases and invoices, began only a few months before the filing date, which was insufficient to meet the regulatory requirement. The Petitioner's attempt to use the business history of an acquired company was rejected, as the regulation requires the petitioning entity itself to meet the one-year requirement.
Criteria Discussed
Doing Business For At Least One Year Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Abroad) Qualifying Relationship Ability To Pay Proffered Wage Willful Misrepresentation
📄 Original decision (USCIS PDF)
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