Family Inc., a Washington Corporation Tae Jung Oh v. Us Citizenship and Immigration Services, an Agency of the United State Government

Tae Jung Oh appeals a summary judgment in favor of the United States Citizenship and Immigration Services (USCIS). In the district court, he sought reversal of a USCIS order denying his petition for a change of status. The question before this court is whether the USCIS decision was arbitrary, capricious, or an abuse of discretion. The district court held that it was not, and we agree.

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. (Family), 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 1-140 petition on Oh’s behalf, seeking his reclassification as a “multinational manager” 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…