Date of Decision: December 8, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Haircare Products Wholesale
Beneficiary Information
Profession: CEO
Field: Haircare Products Wholesale
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a haircare products wholesaler, sought to employ the beneficiary as its Chief Executive Officer (CEO) under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner failed to establish that it had been doing business for at least one year at the time of filing the petition. The petitioner appealed the decision, submitting additional documentation to support its claim of continuous business operations.
Key Issues
The Director’s denial was based on the following findings:
- Doing Business Requirement: The Director determined that the petitioner did not provide sufficient evidence to demonstrate that it had been doing business for at least one year prior to filing the petition in December 2022. The evidence provided was deemed inadequate to establish regular, systematic, and continuous business operations as defined by U.S. immigration regulations.
USCIS Findings
Upon de novo review, the Administrative Appeals Office (AAO) found in favor of the petitioner. The AAO concluded that the petitioner provided relevant, probative, and credible evidence showing that it had been conducting business at all times pertinent to this petition. The petitioner successfully demonstrated by a preponderance of the evidence that it met the requirement of doing business for at least one year prior to the filing date.
Supporting Evidence
The petitioner submitted additional documentation on appeal, including records of business transactions, client invoices, and other documents that demonstrated regular, systematic, and continuous business operations from December 2021 to December 2022. This evidence was deemed sufficient to overturn the Director’s original decision.
Additional Notes
The AAO emphasized the importance of providing clear and credible evidence to establish the petitioner’s eligibility. The sustained appeal allowed the petitioner to move forward with the EB-1C classification for the beneficiary.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated that it met the requirements for the EB-1C classification, particularly the requirement of doing business for at least one year prior to filing the petition.
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