remanded L-1A Case: Childcare

U.S. Citizenship 
and Immigration 
Services 
In Re: 12916002 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 1, 2020 
The Petitioner states that it functions as a "chain-store operation of childcare centers." It seeks to 
temporarily employ the Beneficiary as its "CEO" under the L-lA nonimmigrant classification for 
intracompany transferees who are coming to be employed in the United States in a managerial or 
executive capacity. Immigration and Nationality Act (the Act) section 101(a)(15)(L) , 8 U.S.C. 
§ 110l(a)(15)(L) . 
The Director of the Texas Service Center denied the petition concluding that the Petitioner did not 
establish, as required, that the Beneficiary was employed abroad and would be employed in the United 
States in a managerial or executive capacity. With regard to the issue of the Beneficiary's employment 
abroad, the Director determined that the Petitioner did not demonstrate "the managerial capacity of 
the [Beneficiary's] subordinate employees" and did not show that the subordinates had "subordinate 
employees of their own that relieve them from performing the non-qualifying duties so as to 
sufficiently elevate the [B]eneficiary's subordinates to managerial capacities .... " Likewise, the 
Director's analysis of the Beneficiary's proposed employment, similarly focused on the Beneficiary's 
subordinates, finding that the Petitioner did not adequately articulate "who the subordinate employees 
manage or if they are managing a critical or essential function of the organization." 
On appeal, the Petitioner contends that the instant petition warrants approval and reiterates its original 
claim, that the Beneficiary has been and would be employed in an executive capacity. 
Upon de nova review, we conclude that the Director incorrectly assigned elements of the definition of 
managerial capacity to the Beneficiary's subordinates, both abroad and in the proposed position. 1 
Because the Director did not properly review the evidence and provided an analysis inconsistent with 
regulatory criteria , we cannot affirm the denial. Instead, we will remand the matter for further 
proceedings where the Director shall consider the relevant facts within the scope of applicable legal 
standards. 
ORDER: The Director's decision is withdrawn. The matter is remanded for further proceedings 
consistent with the foregoing opinion and for the entry of a new decision. 
1 See sections 10l(a)(44)(A) and (B) of the Act, which require a petitioner to establish that the beneficiary of the visa 
petition meet the statutory criteria of managerial or executive capacity .