sustained EB-1C Case: Programmable Logic Technology

A • identifying data deleted to 
prevent clearly unwarrantt:(: 
invasion of personal privac) 
PUBLIC COpy 
u.s. Department of Homeland Security 
U. S. Citizenship and Inunigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
FILE: OFFICE: NEBRASKA SERVICE CENTER Date: FEB 11 2011 
IN RE: Petitioner: 
Beneficiary: 
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' § 1153(b)(I)(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, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
· . 
Page 2 
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withdrawn and the appeal will be sustained.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 multinational corporation operating in the United States as a seller of programmable logic 
technology. Accordingly, 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. 
§ 1153(b)(1 )(C), as a multinational executive or manager. 
In a decision dated May 28, 2009, the director denied the petition based on the determination that the 
petitioner failed to establish that it was doing business for one full year prior to the filing of the Form 1-140. 
On appeal, counsel submits an appellate brief as well as additional evidence, establishing that the petitioner 
was doing business in the time and manner prescribed by 8 C.F.R. § 204.5Ul(3)(i)(D). Therefore, the 
petitioner has overcome the sole basis for denial. 
The AAO has conducted a comprehensive review of the petitioner's record and finds no other grounds for 
denying the instant petition. 
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. § 1361. The petitioner in the instant case has sustained that 
burden. 
ORDER: The appeal is sustained.