|
The
EB-1C Request For Evidence (RFE) for Continue Doing Business in
U.S. and Abroad |
| Hi
William, My employer filed EB1 Multinational Executive or Manager petition for me about 4 months ago. Now, I received the Request For Evidence (RFE) from USCIS, for the quesion of "continue to do business in the US and abroad". The main quesion in the RFE is that my company abroad is not continue to do business, because of business problem in my home country. Another question is that my employer in the US in not "doing business for at least 1 year at the time of filing of the EB1 Multinational Executive or Manager petition". Please help for the RFE requests. Answer, For EB1 Multinational Executive or Manager petition, doing business means the regular, systematic, and continuous provision of goods or services or both by a qualifying organization. Doing business does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. Both the U.S. employer and at least one qualifying organization abroad should continue to do business up until the time of visa issuance or adjustment of status. If the beneficiary’s foreign employer’s operations abroad cease entirely, for example, the company goes out of business or relocates completely to the United States before the time of visa issuance or adjustment of status, the beneficiary is no longer be eligible for classification as a EB1 multinational executive or manager. The U.S. employer should have been actively engaged in doing business for at least 1 year at the time of filing of the EB1 Multinational Executive or Manager petition. Therefore, a U.S. organization may have a legal existence in the United States for more than 1 year, but if it has not engaged in the continuous provision of goods and services for at least 1 year, the organization is ineligible to file petitions for multinational executives or managers. |
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