sustained EB-1C

sustained EB-1C Case: Finance

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Finance

Decision Summary

The director denied the petition solely because the petitioner failed to establish it had been doing business for at least one year prior to filing. On appeal, the petitioner submitted additional evidence that the AAO found was sufficient to overcome this reason for denial. The AAO conducted a comprehensive review and found no other grounds for denial.

Criteria Discussed

Doing Business For At Least One Year

Sign up free to download the original PDF

View Full Decision Text
(b)(6)
DATE: 
NAY 1 7 2013 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U. S. Citizenship and lmmigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
OFFICE: NEBRASKA SERVICE CENTER FILE : 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Thank you, 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
(b)(6)
Page2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter is now before the 
Administrative Appeals Office (AAO) on appeal. The decision of the director will be 
withdrawn and the appeal will be sustained. 
The petitioner is a Delaware corporation that was established in 1968 and claims 2500 employees. The 
petitioner seeks to employ the beneficiary as its west coast financial controller. The 
petitioner endeavors to 
classify the beneficiary as an employment-based immigrant pursuant to section 203(b )(1 )(C) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(l)(C), as a multinational executive or 
manager; 
In a decision dated August 6, 2012, the director denied the petition based on the determination that the 
petitioner failed to establish that it was doing business for one year prior to the filing of the Form 1-140. 
On appeal, counsel submits an appellate brief as well as additional supporting evidence that the AAO finds is 
sufficient to overcome the sole basis for denial. 
The AAO has conducted a comprehensive review of the petitioner's record and finds that there are no other 
grounds that can serve as bases for denying the instant petition . Therefore, the director's decision must be 
withdrawn. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 U.S.C. ยง 1361. The petitioner in the instant case has met that burden. 
ORDER: The appeal is sustained. 
Using this case in a petition? Let MeritDraft draft the argument →

Use this winning precedent in your petition

MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.

Build Your Winning Petition →

No credit card required. Generate your first petition draft in minutes.