sustained
EB-1C
sustained EB-1C Case: 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
Downloaded the case? Use it in your next draft →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 The decision of the director will be withdrawn and the appeal will be sustained.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.
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.