sustained
EB-1C
sustained EB-1C Case: Recreation Services
Decision Summary
The director initially denied the petition, concluding the petitioner had not been doing business for at least one year. The appeal was sustained because the AAO found that evidence, including receipts, invoices, bank records, and tax returns showing substantial income, sufficiently established the petitioner was actively doing business for the required period.
Criteria Discussed
Doing Business For At Least One Year
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U.S. Citizenship and Immigration Services MATTER OF S- CORP APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 10,2018 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, which operates indoor playgrounds and party rooms, seeks to permanently employ the Beneficiary as its president under the Erst preference immigrant classification for multinational executives or managers. See Immigration and Nationality Act (the Act) section 203(b)(l )(C), 8 U.S.C. ยง 1153(b)(I)(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 Texas Service Center denied the petition, concluding that the record did not establish, as required by 8 C.F.R. ยง 204.5U)(3)(i)(D), that the Petitioner has been doing business tor at least one year prior to the petition's filing date. The Petitioner operates play rooms at several locations in Puerto Rico. The Petitioner previously submitted copies of receipts and invoices, showing purchases and other activities. 1 The Petitioner also submitted bankand tax records reflecting the company's income; the Petitioner's monthly sales tax returns show that the bulk or sales tax paid relates to "taxable admission." In addition, the Petitioner reported substantial gross income in 2014 and 2015, the two full years preceding the filing of the petition in January 2016. In sum, we lind that the record of proceeding establishes that the Petitioner is doing business, and has been doing so tor at least a year prior to the tiling of the petition. ORDER: The appeal is sustained. Cite as Maller ofS- Corp, ID# 1130494 (AAO Apr. 10, 2018) 1 The Petitioner's income derives chiefly not from the sale of tangible goods, but through admission fees.
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