USCIS’ Administrative Appeals Office (AAO) Holds That "Doing Business" Encompasses Regular, Systematic and Continuous Provision of Goods or Services to Related Business Entities

April 12, 2015

The AAO has issued a precedential decision (Matter of Leacheng International, Inc.) holding that for purposes of the multinational manager or executive classification, a petitioner may demonstrate that it has been “doing business” by showing that it has provided goods or services in a regular, systematic and continuous manner to related companies within its multinational organization.  The AAO’s holding rejected the notion that a petitioning company must be engaged in business with independent, unaffiliated business entities.  As a result, a petitioner that serves as an agent, representative or liaison between a related foreign entity and its United States customers may be found to be “doing business” within the meaning the Federal regulations.

 

The AAO’s decision may be viewed here.

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