dismissed L-1A Case: Home Improvement

U.S. Citizenship 
and Immigration 
Services 
MATTER OF JCH-S-, INC. 
APPEAL OF VERMONT SER VICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 27, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a home improvement and remodeling company, seeks to continue the Beneficiary's 
temporary employment as its chief executive officer under the L-lA nonimmigrant classification for 
intracompany transferees. 1 See Immigration and Nationality Act (the Act) § 10l(a)(l5)(L), 8 U.S.C. 
§ 110l(a)(l5)(L). The L-lA classification allows a corporation or other legal entity (including its 
affiliate or subsidiary) to transfer a qualifying foreign employee to the United States to work 
temporarily in a managerial or executive capacity. 
The Director of the Vermont Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner will employ the Beneficiary in the United States in a 
managerial or executive capacity. 
On appeal, the Petitioner submits a statement by counsel, a letter from the Beneficiary, a brief list of 
the Beneficiary's job duties, remodeling proposals, independent contractor agreements, a building 
permit, and copies of checks. Counsel asserts that the Beneficiary will be employed in a qualifying 
managerial or executive capacity in the United States. 
Upon de nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
To establish eligibility for the L-lA nonimmigrant visa classification, a qualifying organization must 
have employed the beneficiary in a managerial or executive capacity for one continuous year within 
three years preceding the beneficiary's application for admission into the United States. 8 C.F.R. 
§ 214.2(1)(3)(v)(B). In addition, the beneficiary must seek to enter the United States temporarily to 
1 The Petitioner previously filed a "new office" petition on the Beneficiary's behalf which was approved for the period 
January 15, 2017 until January 14, 2018. A "new office" is an organization that has been doing business in the United 
States through a parent, branch, affiliate, or subsidiary for less than one year. 8 C.F .R. § 214.2(1)(1 )(ii)(F). The regulation 
at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation one year within the date of approval of the petition to 
support an executive or managerial position. 
Matter of JCH-S-, Inc. 
continue rendering his or her services to the same employer or a subsidiary or affiliate thereof in a 
managerial or executive capacity. Id. 
A petitioner seeking to extend an L-lA petition that involved a new office must submit a statement of 
the beneficiary's duties during the previous year and under the extended petition; a statement 
describing the staffing of the new operation and evidence of the numbers and types of positions held; 
evidence of its financial status; evidence that it has been doing business for the previous year; and 
evidence that it maintains a qualifying relationship with the beneficiary's foreign employer. 8 C.F.R. 
§ 214.2(1)(14)(ii). 
11. DEFINITIONS 
"Managerial capacity" means an assignment within an organization in which the employee primarily 
manages the organization, or a department, subdivision, function, or component of the organization; 
supervises and controls the work of other supervisory, professional, or managerial employees, or 
manages an essential function within the organization, or a department or subdivision of the 
organization; has authority over personnel actions or functions at a senior level within the 
organizational hierarchy or with respect to the function managed; and exercises discretion over the 
day-to-day operations of the activity or function for which the employee has authority. Section 
10l(a)(44)(A) of the Act. 
The term "executive capacity" is defined as an assignment within an organization in which the 
employee primarily directs the management of the organization or a major component or function of 
the organization; establishes the goals and policies of the organization, component, or function; 
exercises wide latitude in discretionary decision-making; and receives only general supervision or 
direction from higher-level executives, the board of directors, or stockholders of the organization. 
Section 10l(a)(44)(B) of the Act. 
Based on the definitions of managerial and executive capacity, the Petitioner must first show that the 
Beneficiary will perform certain high-level responsibilities. Champion World, Inc. v. INS, 940 F.2d 
1533 (9th Cir. 1991) (unpublished table decision). Second, the Petitioner must prove that the 
Beneficiary will be primarily engaged in managerial or executive duties, as opposed to ordinary 
operational activities alongside the Petitioner's other employees. See Family Inc. v. USCIS, 469 F.3d 
1313, 1316 (9th Cir. 2006); Champion World, 940 F.2d at 1533. 
III. EMPLOYMENT IN A MANAGERIAL OR EXECUTIVE CAPACITY 
The Director denied the petition based on a finding that the Petitioner did not establish that it will 
employ the Beneficiary in a managerial or executive capacity. 
When examining the claimed managerial or executive capacity of a given beneficiary, we will look to 
the petitioner's description of the job duties. The petitioner's description of the job duties must clearly 
describe the duties to be performed by the beneficiary and indicate whether such duties are in an 
executive capacity. See 8 C.F.R. § 214.2(1)(3)(ii). Beyond the required description of the job duties, 
we examine the company's organizational structure, the duties of a beneficiary's subordinate 
employees, the presence of other employees to relieve a beneficiary from performing operational 
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Matter of JCH-S-, Inc. 
duties, the nature of the business, and any other factors that will contribute to understanding a 
beneficiary's actual duties and role in a business. 
In a request for evidence, the Director informed the Petitioner that it had not described the 
Beneficiary's intended duties in the United States. The Director asked the Petitioner to explain how 
the Beneficiary's intended position would meet the requirements of managerial or executive capacity. 
The Petitioner submitted an organizational chart, tax documentation, bank statements, and invoices; 
however, the response did not address the Director's request for information regarding the 
Beneficiary's duties. 
The Director denied the petition, finding that the Petitioner did not "provide any description of the 
beneficiary or his subordinate[s'] duties." 
On appeal, the Petitioner provided a list of duties and asserted that the Beneficiary's duties "are related 
to planning, and supervising all the activities of our employees in our office and our on-site staff and 
subcontractors." The Petitioner stated that the Beneficiary as CEO will perform the following duties: 
[Strategic Planning:] Meeting the objectives of the company's business plan. 
2. Identifying and developing business opportunities for [the Petitioner] and or any 
subsidiary; and 3. Authority to approve and implement marketing plans on behalf 
of [the Petitioner]. 
Pricing: 1. Final authority of established pricing for services provided by the 
Company; 2. Final authority on acceptance of any negotiated fees per 
subcontractor. 
Budget: Review final proposed budget which was prepared by accountant. 
Company Representative: Finalizes all contract with clients and subcontractors 
and authority to terminate commercial relationships with subcontractors. Review 
all pulled local permits. 
Site Inspections: Occasional site inspection before project manager has classified 
the project as completed. 
Personnel decision-making: Authority to terminate any employee relationships. 
Approves the use of the subcontractors after being identified by project manager . 
As noted, the Petitioner provided a list of the Beneficiary's duties for the first time on appeal despite 
the Director's request for such evidence prior to the denial of the petition. We may refuse to consider 
evidence submitted for the first time on appeal. Matter of Soriano, 19 I&N Dec. 764 (BIA 1988). As 
the Petitioner did not provide any of the proposed duties to be performed by the Beneficiary, the 
Director did not err in denying in the petition and we will dismiss the appeal for this reason. 
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Matter of JCH-S-, Inc. 
Although the appeal will be dismissed, we will briefly address the duties submitted by the Petitioner 
so it may address these deficiencies in any future filings. The Petitioner listed the Beneficiary's basic 
responsibilities, but it did not describe the specific tasks that he will perform in order to meet these 
responsibilities. For instance, the Petitioner stated that the Beneficiary will meet "the objectives of 
the company's business plan" and "review final proposed budget which was prepared by accountant," 
but does not explain what this work will entail. Specifics are an important indication of whether a 
beneficiary's duties are primarily managerial or executive in nature. Fedin Bros. Co., Ltd. v. Sava, 
724 F. Supp. 1103, 1108 (E.D.N.Y. 1989), aff'd, 905 F.2d 41 (2d. Cir. 1990). 
The Petitioner claimed that the Beneficiary "finalizes all contract with clients and subcontractors." 
However, the record does not support the Petitioner's use of subcontractors. The record does not contain 
sufficient documentation such as evidence of payments or tax forms corroborating the Petitioner's use of 
subcontractors. 
The Petitioner submitted several invoices that were issued to various entities for home remodeling, deep 
cleaning, house cleaning, and painting services rendered. The Petitioner also submitted bank statements. 
The Petitioner did not explain how these documents support its claims that the Beneficiary will perform 
managerial or executive duties. 
Further, some of the tasks described are not those of a manager or executive. For example, approving 
and implementing marketing plans, finalizing contracts, reviewing local permits, and site inspections 
describe a level of day-to-day involvement with routine business activities that are not consistent with 
managerial or executive capacity. 
For these reasons, even if the Petitioner had submitted these duties prior to the appeal, the duties do 
not establish that the Petitioner will employ the Beneficiary in a managerial or executive capacity. 
IV. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
Cite as Matter of JCH-S-, Inc., ID# 2579660 (AAO Mar. 27, 2019) 
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