remanded EB-1C Case: Software Manufacturing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF V-S- INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 28,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a software manufacturing company, seeks to permanently employ the Beneficiary as its 
chief executive officer (CEO) under the first preference immigrant classification for multinational 
executives or managers. See Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. 
§ 1153(b)(1)(C). This classification allows a U.S. employer to permanently transfer a qualified foreign 
employee to the United States to work in an executive or managerial capacity. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that the Beneficiary was employed abroad for at least one year out of the three 
years that preceded the filing of the instant petition. More specifically, the Director determined that the 
Petitioner did not establish that the Beneficiary had at least one "uninterrupted" year of employment 
abroad during the relevant time period. 
On appeal, the Petitioner asserts that the applicable statute and regulations do not require that the 
Beneficiary's employment abroad be continuous or uninterrupted. The Petitioner, referring to a 
summary of the Beneficiary's travel history, asserts that the Beneficiary has spent the vast majority 
of his time working abroad since 2012 and thus satisfied the foreign employment requirement prior 
to the filing of the petition in November 2015. 
Upon de novo review, we find that the Director erred by requiring that the Petitioner submit 
evidence to show that the Beneficiary's one year of employment abroad was continuous or 
uninterrupted. As the Director imposed a requirement on the Petitioner that is not applicable in the 
matter at hand, we will withdraw the Director's decision. However, the record contains insufficient 
evidence related to the Beneficiary's travel history to establish that he possesses a full year of 
employment abroad during the relevant three-year period. Accordingly, we will remand the matter 
to the Director for further action and entry of a new decision. 
An immigrant visa available to a beneficiary who, in the three years preceding the filing of the petition, 
has been employed outside the United States for at least one year in a managerial or executive capacity, 
and seeks to enter the United States in order to continue to render managerial or executive services to 
the same employer or to its subsidiary or affiliate. Section 203(b)(l)(C) of the Act. 
Matter of V-S- Inc. 
The Petitioner claims that the Beneficiary meets the one year of employment abroad requirement 
based on his position as Vice President- Marketing for its United Kingdom affiliate between June 
2013 and August 2014, and based on his current position of CEO, which he has held since August 
2014. While the Petitioner offered information about the Beneficiary's time periods spent working 
abroad, including a U.S. Customs and Border Patrol (CBP) record listing the Beneficiary's arrivals 
to the United States, this record is incomplete. The CBP record itemizes the locations and dates of 
the Beneficiary's various entries; however, the same is not true with regard to the Beneficiary's dates 
of departure, thus, we do not have sufficient evidence to establish the length of each stay in the 
United States. Such evidence is critical for the purpose of calculating the aggregate number of days 
that the Beneficiary spent working outside of the United States during the relevant three-year period 
that preceded the filing of the instant petition. 
Accordingly, the matter will be remanded, and the Director should request any additional evidence 
deemed necessary to determine the Petitioner's eligibility and allow the Petitioner to submit such 
evidence within a reasonable period of time. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Matter ofV-S- Inc., ID# 457689 (AAO June 28, 2017) 
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