Family Inc. v. U.S. Citizenship

I. BACKGROUND

A native and citizen of South Korea, Oh first entered the United States as a temporary non-immigrant visitor in 1995. In 1996 his immigration status was changed to “temporary non-immigrant E2 treaty investor,” which was extended to November 1, 2005. Oh is the president of Family, Inc. (Fam- ily), a corporation that owns a dry cleaning operation that employs Oh, his wife, three pressers, and a cashier. In January 2003, the corporation filed a Form I-140 petition on Oh’s behalf, seeking his reclassification as a “multinational manag- er” under the Immigration and Nationality Act (INA). The petition described Oh’s duties as (1) managing Family; (2) supervising and controlling the work of other supervisory employees (namely, Family’s manager); (3) managing an essential function of the company (namely, its overall busi- ness); (4) exercising the authority to hire and fire all Family employees as well as approving other personnel actions; (5) functioning at a senior level within the organization’s hierar- chy; and (6) exercising direction over Family’s day-to-day operations.

Classification as a multinational manager requires, inter alia, that Oh prove he is operating…