sustained EB-1C Case: Real Estate Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF O-P- LLC 
Non-Precedent Decision of the 
. Administrative Appeals Office 
DATE: FEB. 7, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM·I-140, IMMIGRANT PETITION FQR ALIEN WORKER 
The Petitioner, a real estate development company, seeks to permanently employ the Beneficiary as 
its chief executive officer 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)(l)(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, determining that the Petitioner diq 
not establish, as required, that (1) it had been doing businessin the United States for at least one year 
' at the time it filed the petition; (2) it had made a bona fide offer of permanent, full-time employment; 
and (3) it would employ the Beneficiary in an executive capacity in the United States. The Petitioner 
subsequently filed a motion to reopen and reconsider, and the Director af1irmed the denial of the 
petition. The matter is now before us on appeal. 
Upon de novo review of the record, we will sustain the appeal. 
After considering the totality of the evidence in the record, including evidence of the nature of the 
Petitioner's business and the industry in which it operates, we find that the Petitioner's activities 
during the year preceding the filing of the petition satisfy the definition of "doing business" at 
8 C.F.R. § 204.5(j)(2). The record does not support a conclusion that the Petitioner has a "mere 
presence" in the United States, or that it has not been engaged in regular, system, and continuous 
business activities. · · 
Further, the Petitioner has demonstrated that it has made a bona fide offer of permanent employment 
to the Beneficiary in an executive capacity, as.defined at section 10l(a)(44)(B) of the.Act, 8 U.S.C. 
§ 1101(a)(44)(B). The Director acknowledged that the Beneficiary's position as described in the 
record is executive in nature and that it sufficiently documented its staffing levels and organizational 
structure. However, the Director questioned whether the Beneficiary and his 20 managerial and 
professional subordinates would actually be performing the claimed duties and seemed to conclude 
that the position was speculative in nature. This conclusion was based on the Director's finding that 
the Petitioner was not yet "doing business." We disagree ·and find that the Petitioner submitted 
credible and probative evidence demonstrating that it had a cl(rrent and ongoing need for the 
Matter of O-P- LLC 
Beneficiary's services in an executive capacity, and the ability to support his executive position from 
the date of filing. 
ORDER: The appeal is sustained. 
Cite as Matter O-P- LLC. ID# 2075193 (AAO Feb. 7, 2019) 
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