Among the four pillars of an EB-1C case, doing business appears to be the easiest — if the company is running, prove it's running, what's complicated? In reality, RFEs on this pillar are more common than expected, because "doing business" in the statute has a narrower definition than common understanding: providing goods or services in a regular, systematic, and continuous manner — not merely existing, having an office, or even just a few transactions.
Understanding this standard correctly from the start changes how you operate throughout the first year: the business knows what type of evidence it's accumulating, avoids revenue models that invite scrutiny, and when filing the I-140, this pillar stands firm rather than requiring you to defend against an RFE.
This article moves from the definition and how to count the one-year mark, through the evidence weight hierarchy, to high-risk models and reinforcement strategies.
Defining Doing Business: Three Keywords — Regular, Systematic, Continuous
The legal standard requires providing goods or services that are regular, systematic, and continuous — these three adjectives exclude three things: a shell company that exists only on paper (not regular), opportunistic discrete transactions without a business model (not systematic), and activity that surges then goes dormant for long periods (not continuous).
A subtle point worth noting: the law does not require profitability, nor does it set a revenue threshold — a branch operating at a planned loss during the investment phase still meets doing business if actual transaction flow is steady. Conversely, a legal entity with a full bank account but no sales to anyone does not meet it, no matter how wealthy.
Counting the One-Year Mark: From When Business Actually Begins, Not From Incorporation Date
The one-year mark is counted to the I-140 filing date, and the starting point is when the company actually begins operating — not the incorporation date. A branch incorporated in January but with its first transaction in June means the clock starts around June; the first six-month gap doesn't count.
Planning implication: push actual transactions to occur as soon as possible after opening — first contract, first order, first invoice — because these milestones start the EB-1C clock. With an acquisition of an already-operating business, the advantage is clear: the clock has essentially been running before the family arrives.
Evidence Weight Hierarchy: Ranked From Heaviest to Lightest
- Business tax returns: the king of all evidence — numbers filed with the IRS carry weight no self-prepared document can match.
- Payroll and quarterly payroll tax records: demonstrates a human operation running continuously.
- Contracts, invoices, and shipping documents with independent customers — spread evenly across months.
- Business bank statements: cash flow in and out aligns with the invoices above.
- Industry licenses, current lease agreements, business insurance.
- Lightest: website, photos, marketing materials — only decorative value if the layers above are missing.
Filing principle: each quarter of the year must appear in the evidence — a bundle of invoices concentrated in the two months before filing tells the opposite story of the word continuous.
High-Risk Model 1: Discrete Project-Based Revenue
A B2B company signs a few large contracts each year — a completely healthy business model — may look discrete on paper: one quarter with revenue, one quarter blank. Reinforcement doesn't mean fabricating transactions but thickening the trace of activity between revenue milestones: contracts being executed in phases, partial acceptance reports, steady operating costs (payroll, office rent, suppliers), documented customer pipeline.
The message that needs to emerge: revenue is recognized on a project cycle but the business machine runs without stopping. With this model, the support letter should proactively explain the industry cycle rather than letting the officer read a lumpy revenue table on their own.
High-Risk Model 2: Revenue Circulating Within the Ecosystem
The US branch has revenue, but most comes from the parent company or related parties — this model raises red flags for fabricated revenue, even if the original intent was completely innocent (the parent company is naturally the first customer). Internal transactions are not prohibited, but a branch that can't sell anything to the real US market will struggle with the spirit of doing business.
The strategic fix: set KPIs for the proportion of revenue from independent customers starting in the first quarter and increase gradually — both sound business discipline and beautiful evidence curve. Transactions with the parent company are still disclosed transparently, with contracts and market pricing, as a natural part of the supply chain.
High-Risk Model 3: Operational Gaps in the Middle
Changing locations, losing two months of rent, changing product lines, shifting models — business life has periods of transition where activity dips. A gap filled with explanation and transition evidence (new lease signed before old one ends, bridging orders) is entirely different from a silent gap on paper.
Governance principle: if you know a transition period is coming, proactively keep a few activity streams running through it — maintain payroll, keep recurring service contracts, record revenue from unaffected segments. Continuous doesn't mean flat; it means never going to zero.
Doing Business in Vietnam: The Other Half of the Pillar
Similar conditions apply to the parent company during the same timeframe — and this is where families are most careless after 2-3 years of focusing on the US branch. The Vietnam evidence package needs the same quality: financial statements and tax returns for the years, customer contracts, maintained personnel structure.
The operational discipline from managing remotely discussed in previous articles converges here: each quarter one evidence package (management report, minutes of video calls chaired by the principal, business metrics) — this 2-hour-per-quarter habit becomes, by I-140 filing, a complete Vietnam doing business file that fills itself automatically.
Note: This article is informational reference material, not legal or immigration advice. Visa-L1.com is a business consulting and operations firm, not a law firm; all L-1A and EB-1C legal documents are prepared and filed directly by licensed immigration attorneys in the United States. Government fees and USCIS policy may change; verify at the time of filing.
Frequently Asked Questions
Can a US branch that operates at a loss in the first year meet doing business?
Yes, it can — the law does not require profitability or a revenue threshold; it requires regularly, systematically, and continuously providing goods or services. A branch operating at a planned loss during the investment phase but with actual transaction flow steady, payroll running, and taxes properly filed is still a solid case on this pillar.
Is the one-year period counted from the incorporation date or from when?
From when the company actually begins operating — the first real transaction — not from the incorporation date. A branch incorporated in January but with its first order in June means the clock starts around June. Therefore, push actual transactions to occur as soon as possible after opening.
Can revenue primarily from the parent company be counted?
Internal transactions are not prohibited and should be disclosed transparently with contracts and market pricing — but a branch that barely sells anything to independent US customers will struggle with the spirit of doing business and risks being seen as fabricated revenue. The correct strategy: gradually increase the proportion of independent customer revenue starting in the early quarters.
What is the strongest evidence for doing business?
Business tax returns rank first — numbers filed with the IRS carry weight no self-prepared document can match. Next: quarterly payroll and payroll tax records, contracts and invoices with independent customers spread evenly across months, bank statements matching invoices. Website and marketing materials are merely decorative.
