sustained EB-1C Case: Sporting Equipment

identifying data deleled to 
prevent clearly unwmted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
WAC 05 157 52785 
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. 8 1153(b)(l)(C) 
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. 
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Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, California Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. 
The petitioner was established in 1998 in the state of California. The petitioner is engaged in the importing 
and distribution of sporting equipment and seeks to employ the beneficiary as its general manager. 
Accordingly, the petitione;endeavors to classify the beneficiary as an employment-based immigrant pursuant 
to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1153(b)(l)(C), as a 
multinational executive or manager. 
The director denied the petition based on the determination that the petitioner failed to provide evidence 
consistent with its claim regarding a qualifying relationship with the beneficiary's foreign employer. More 
specifically, the director noted that the petitioner failed to document the claimed purchase of 200,000 shares 
of the petitioner's stock by the petitioner's claimed parent 
company. The director concluded that of the 320,000 shares purportedly purchased by the parent entity, only 
the purchase of 120,000 shares has been documented. 
On appeal, counsel dis utes the director's conclusion and provides adequate contemporaneous evidence 
documentin d urchase of all 320,000 shares of the petitioner's outstanding stock. With regard to 
the foreign entity's ownership of the 200,000 shares in question, the petitioner's corroborating documentation 
includes the minutes of organizational meeting dated September 20, 1999. The document states that the 
200,000 shares that were originally issued to ere transferred 
to in exchange for a specified monetary sum. ine transrer 1s Iunner aocumented via stock 
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certificate no. 2 and the petitioner's stock transfer ledger. 
The petitioner also provided copies of two wire transfer recei ts one dated March 12, 1998 and another dated 
April 29, 1998, which cumulatively establish thacompensated the petitioner 
its ownership of the 200,000 shares of stock initially issued 
ufficient documentation to establish its purchase o 
wnership of the 200,000 shares of the petitioner's stock. With regard to the remaining 120,000 
shares of the petitioner's stock, the petitioner provided a copy o 
 transfer receipt dated October 
12, 2002. The receipt indicates that $120,000 was debited from 
 ccount in Hong Kong and wire 
transferred to the petitioner's Citi Bank account in the United States (with the exception of a transfer fee of 
$15). Thus, the AAO concludes that the petitioner has provided sufficient evidence to establish its qualifying 
relationship with the foreign entity and withdraws the director's decision. The AAO sees no further grounds 
for ineligibility in the instant matter. 
In visa petition proceedings, the burden of proving eligbility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 U.S.C. $ 1361. The petitioner has sustained that burden. 
ORDER: The appeal is sustained.