Staffing and organization

Doing business

Whether the U.S. company had at least one year of regular, continuous business before filing.

What USCIS is questioning

Whether the U.S. employer regularly, systematically and continuously provided goods or services for the full year before filing.^[1]
Whether the U.S. employer and a qualifying entity abroad are still doing business.^[2]

The legal standard

8 CFR 204.5(j)(3)(i)(D) requires at least one year of doing business by the U.S. employer; (j)(2) defines doing business as the regular, systematic and continuous provision of goods or services, not the mere presence of an agent or office.^[1]
Matter of Leacheng (precedent): regularly providing goods or services to related companies in the group can count; no unaffiliated customer is required.^[3]
The Policy Manual: legal existence for more than a year doesn't help if the company hasn't continuously provided goods or services for a year, and there is no new-office option for EB-1C.^[2]

How the request usually reads

Interpretation RFEs usually ask for transaction records covering the whole year before filing, and may say that contracts or agreements alone show plans rather than actual business.^[4]

Evidence petitioners often provide

Interpretation Invoices, purchase and sales records, bills of lading and shipping documents spread across the year.^[4,5]
Interpretation Bank statements and service agreements showing ongoing activity, including with related companies.^[3,4]

Where responses go wrong

Counting from the incorporation date instead of from when business actually began.^[2]
Interpretation Gaps in activity during the year, which undercut the 'continuous' requirement.^[1]

AAO decisions on this issue

Matter of Leacheng International, Inc., 26 I&N Dec. 532 (AAO 2015)
Precedent: 'doing business' has no unaffiliated-third-party requirement; regular, systematic and continuous services to related companies within the multinational organization can qualify.
AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 37195453 (May 30, 2025)
The denial was withdrawn and remanded because it discounted transactions with affiliated companies, contrary to Leacheng, without analyzing the invoices and agreements.
AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 42456590 (Apr. 29, 2026)
Purchase and sales invoices and shipping documents showed regular, continuous business in the year before filing, so the doing-business finding was reversed.

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

1.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
2.USCIS Policy Manual, Volume 6, Part F, Chapter 4 — Multinational Executive or ManagerUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
3.Matter of Leacheng International, Inc., 26 I&N Dec. 532 (AAO 2015)USCIS Administrative Appeals Office (published by DOJ EOIR) · AAO decision · Published Apr 9, 2015 · Checked Sep 27, 2026
4.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 37195453 (May 30, 2025)USCIS Administrative Appeals Office · AAO decision · Published May 30, 2025 · Checked Sep 27, 2026
5.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 42456590 (Apr. 29, 2026)USCIS Administrative Appeals Office · AAO decision · Published Apr 29, 2026 · Checked Sep 27, 2026