Date of Decision: JUNE 23, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Software and Website Development
Beneficiary Information
Profession: Chief Executive Officer
Field: Software and Website Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Revoked
Appeal Outcome: Dismissed
Case Overview
The petitioner, a software and website development company, filed a petition to employ the beneficiary as its Chief Executive Officer under the EB-1C classification for multinational executives or managers. The petition aimed to permanently transfer the beneficiary to the United States to continue their executive role within the company.
Key Issues
The primary issue in this case was whether the petitioner had been “doing business” for at least one year as of November 2016, as required by the regulations. The Director found that the petitioner had not met this criterion, leading to the revocation of the petition.
USCIS Findings
Upon review, the USCIS determined that the petitioner’s evidence, including tax returns and business agreements, did not sufficiently prove that the company had been actively doing business. The evidence suggested that the company had not paid wages, earned income, or incurred business expenses until after the required date. Therefore, the petitioner failed to establish the necessary operational continuity required under the EB-1C classification.
Supporting Evidence
The petitioner’s provided documentation, including cooperation agreements, payroll records, and tax returns, was reviewed. However, these documents did not demonstrate that the petitioner had been engaged in the regular, systematic, and continuous provision of goods or services as of the required date.
Additional Notes
The USCIS also noted that the petitioner’s reliance on cases involving different legal contexts did not support their argument. The cited cases involved entities that were already operationally functional, which was not comparable to the petitioner’s situation.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to demonstrate that it had been doing business for the required period before filing the petition.
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