EB-1C Remanded — Automotive Parts (2013): the director improperly interpreted the 'doing business'

Decision Summary

The appeal was remanded because the director improperly interpreted the 'doing business' regulation, incorrectly concluding that acting as an agent for a foreign affiliate automatically disqualifies a petitioner. The AAO clarified that the focus should be on whether the entity provides regular, systematic, and continuous services, not just its agency status. The matter was sent back for a new decision, also noting that the record lacked sufficient detail to prove the beneficiary's proposed role was in a qualifying managerial or executive capacity.

Criteria Discussed

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