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AAO (Published) on 'Doing Business' - Matter of Leacheng Intl., Inc.

April 09, 2015 (1 min read)

Official Headnotes:

(1) The definition of “doing business” at 8 C.F.R. § 204.5(j)(2) (2014) contains no requirement that a petitioner for a multinational manager or executive must provide goods and or services to an unaffiliated third party.
(2) A petitioner may establish that it is “doing business” by demonstrating that it is providing goods and/or services in a regular, systematic, and continuous manner to related companies within its multinational organization.

"The petitioner has established that it is doing business based on its regular, systematic, and continuous provision of services in the United States, and it has demonstrated that its operation does not constitute the “mere presence” of an agent or office.  8 C.F.R. § 204.5(j)(2).  Accordingly, the Director’s decision will be withdrawn. ... The appeal is sustained and the petition is approved." - Matter of Leacheng Intl., Inc.,  26 I&N Dec. 532 (AAO 2015).

[Hats off to Alan Lee!]

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