sustained EB-1C Case: Electronic Commerce

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 13, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an electronic commerce company, seeks to permanently employ the Beneficiary as a 
"Technical Program Manager III" under the first preference immigrant classification for multinational 
executives or managers. 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 Nebraska Service Center denied the petition, concluding that the record established 
that the Petitioner ceased to exist after the petition was filed as a result of its merger with another 
company and resultant name change. 
On appeal, the Petitioner asserts that the Petitioner merely subsumed another company in a merger 
and changed its name in the merger. The Petitioner contends that the Director erred in concluding that 
it no longer exists as a petitioning employer. 
Upon de nova review, we conclude that the record is sufficient to establish that the Petitioner exists as 
~titioning employer. The Petitioner filed the petition under the nam ~---------~' 
L_J on October 25, 2017, and the Director later issued a Notice oflntent to Deny (NOID) in August 
2018 requesting additional evidence regarding an apparent merger and name change involving the 
Petitioner. In response to the NOID, the Petitioner provided a certificate of merger filed in the State 
of Delaware in December 201 7 indicating that it subsumed another company,! I in a 
merger and changed its name froml I. to I I 
The issue at hand is whether the Petitioner still exists as a legal entity and importing employer for 
purposes of the applicable regulations. The evidence reflects that the Petitioner still exists as a legal 
entity only with a different name consistent with Delaware corporate law. 
Therefore, the totality of the evidence establishes that the Petitioner still exists as a legal entity and an 
importing employer. 
Matter of A-S-, Inc. 
ORDER: The appeal is sustained. 
Cite as Matter of A-S-, Inc., ID# 3711154 (AAO June 13, 2019) 
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