EB-1C Sustained — Clothing Manufacturing (2014): the AAO determined the Director incorrectly interpreted the

Decision Summary

The appeal was sustained because the AAO determined the Director incorrectly interpreted the 'doing business' requirement. The Director argued the petitioner was not doing business because it did not transact directly with independent U.S. entities, but rather provided services to its foreign affiliate. The AAO clarified that the regulatory definition does not require transactions with unaffiliated third parties and that providing regular, systematic services to a foreign affiliate qualifies as doing business.

Criteria Discussed

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