IN RE: PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager - INSTRUCTIONS - Discussion

Sep 19, 2026

Immigration case decision addressing an employment-based immigrant petition for an alien sought as a multinational executive or manager under section 203(b)(1)(C) of the Immigration and Nationality Act. The California Service Center denied the petition for failure to establish the required qualifying relationship between the U.S. petitioner and the foreign employer. On appeal, the Administrative Appeals Office reviews statutory and regulatory requirements, evaluates ownership and control standards, and addresses arguments about alleged evidence and interpretation of tax records, ultimately dismissing the appeal.

LanguageEnglish

CategoryLetters

FormatPDF

Pages8

Reading Time3 min

AccessFree to download

Instructions

Discussion

Statutory basis: Section 203(b)(1)(C)

Regulatory requirements and definitions

Qualifying relationship and evidence on appeal

identifying d eieted to prevent clearty unwarranted bwhoe of personal pataq B PUBLIC COPY FILE: Office:CALIFORNIA SERVICE CENTER Date:AU8222005 WAC0317150063 Petitioner: IN RE: Beneficiary: PETITION:Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant toSection 203(b)(1)(C)of the Immigration and Nationality Act,8 U.S.C.§1153(b)(1)(C) ON BEHALF OF PETITIONER: # INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case.All documents have been returned tothe office that originally decided your case.Any further inquiry must be made to that office. m Robert P.Wiemann,DirectorAdministrative Appeals Office十 DISCUSSION:The Director,California Service Center,denied the employment-based petition.The matteris now before the Administrative Appeals Office(AAO)on appeal.The appeal will be dismissed. The petitioner is a corporation organized in the State of California in May 1999.It is a delivery service tomajor food distributors.It seeks to employ the beneficiary as its president.Accordingly,the petitionerendeavors to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(C)ofthe Immigration and Nationality Act(the Act).8 U.S.C.§1153(b)(1)(C),as a multinational executive ormanager. The director denied the petition determining that the petitioner had not established a qualifying relationshipwith the beneficiary's foreign employer. On appeal,counsel for the petitioner contends that Citizenship and Immigration Services(CIS)failed toconsider the primary evidence establishing the qualifying relationship and misinterpreted the secondaryevidence,the petitioner's tax returns. # Section 203(b)of the Act states in pertinent part: (1) Priority Workers.--Visas shall first be made available...to qualified immigrants whoare aliens described in any of the following subparagraphs(A)through(C): (C) Certain Multinational Executives and Managers.--An alien isdescribed in this subparagraph if the alien,in the 3 years precedingthe time of the alien's application for classification and admissioninto the United States under this subparagraph,has been employedfor at least 1 year by a firm or corporation or other legal entity or anaffiliate or subsidiary thereof and who seeks to enter the UnitedStates in order to continue to render services to the same employer orto a subsidiary or affiliate thereof in a capacity that is managerial orexecutive. The language of the statute is specific in limiting this provision to only those executives and managers whohave previously worked for the firm,corporation or other legal entity,or an affiliate or subsidiary of thatentity,and are coming to the United States to work for the same entity,or its affiliate or subsidiary. A United States employer may file a petition on Form I-140 for classification of an alien under section203(b)(1)(C)of the Act as a multinational executive or manager.No labor certification is required for thisclassification.The prospective employer in the United States must furnish a job offer in the form of astatement that indicates that the alien is to be employed in the United States in a managerial or executivecapacity.Such a statement must clearly describe the duties to be performed by the alien.See 8 C.F.R.§204.5(j)(5). The issue in this proceeding is whether the petitioner has established a qualifying relationship between thepetitioner and the foreign entity.In order to qualify for this visa classification,the petitioner must establish thata qualifying relationship exists between the United States and foreign entities in that the petitioning company isthe same employer or an affiliate or subsidiary of the foreign entity. The regulation at 8 C.F.R.§204.5(j)(2)states in pertinent part: Afiliate means: (A)) One of two subsidiaries both of which are owned and controlled by the same parent orindividual; ) One of two legal entities owned and controlled by th

FAQs

What is the petition’s purpose under section 203(b)(1)(C)?

It seeks classification of an alien as a multinational executive or manager to continue rendering services to the same employer or its affiliate/subsidiary in a managerial or executive capacity.

Why did the California Service Center deny the petition?

It determined that the petitioner had not established the qualifying relationship between the U.S. petitioner and the foreign entity/employer as required by the statute and regulations.

What issue does the Administrative Appeals Office focus on on appeal?

Whether the petitioner established a qualifying relationship between the U.S. and foreign entities, showing the petitioner is the same employer or an affiliate/subsidiary of the foreign entity.

Sep 19, 2026

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