remanded L-1A Case: Construction And Design

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-C-LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 23, 2019 
APPEAL OF CALIFORNIA SER VICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a construction and design company, seeks to temporarily employ the Beneficiary as a 
"President/CEO" under the L-lA nonimmigrant classification for intracompany transferees. See 
Immigration and Nationality Act (the Act) section 10l(a)(l5)(L), 8 U.S.C. § l 10l(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 California Service Center denied the petition concluding that the Petitioner did not 
establish, as required, that its foreign affiliate continues to provide goods or services on a regular, 
systematic, and continuous basis. The Director determined that the Petitioner did not overcome 
adverse findings regarding certain financial documents that were provided in response to a notice of 
intent to deny (NOID). 
On appeal, the Petitioner once again explains its system of accounting for its profits and losses and 
provides additional business invoices and bank statements as evidence of the foreign entity's ongoing 
business activity. 
Upon de nova review, we will withdraw the Director's decision because we find that the Petitioner 
has submitted sufficient evidence to establish that it is more likely than not that the foreign entity has 
been and continues to provide its services in a regular, systematic, and continuous manner. 
Notwithstanding our decision to withdraw the denial, we find that the record as presently constituted 
does not contain sufficient evidence establishing that the Beneficiary would be employed in the United 
States in an executive capacity. 1 As such, we will remand the matter for further consideration. 
I. LEGAL FRAMEWORK 
To establish eligibility for the L-lA nonimmigrant visa classification, a qualifying organization must 
have employed the beneficiary "in a capacity that is managerial, executive, or involves specialized 
1 The Petitioner claims that the Beneficiary's proposed U.S. employment would be in an executive capacity and does not 
claim that the Beneficiary would be employed in a managerial capacity. 
Matter of M-C- LLC 
knowledge," for one continuous year within three years preceding the beneficiary's application for 
admission into the United States. Section 10l(a)(l5)(L) of the Act. In addition, the beneficiary must 
seek to enter the United States temporarily to continue rendering his or her services to the same 
employer or a subsidiary or affiliate thereof in a managerial or executive capacity. Id. 
"Executive capacity" means 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 statutory definition of 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). The petitioner must also prove that the beneficiary 
will be primarily engaged in 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 1533. 
The petitioner must provide a job description that clearly describes 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 the beneficiary's subordinate employees, the presence of other 
employees to relieve the beneficiary from performing operational duties, the nature of the business, 
and any other factors that will contribute to understanding the beneficiary's actual duties and role in a 
business. Accordingly, the beneficiary's job duties as well as the nature of the petitioner's business, 
its staffing levels, and its organizational structure all play a critical role in determining whether the 
position in question is in an executive capacity. 
11. BASIS FOR REMAND 
As stated above, we find that the Petitioner has not provided sufficient evidence establishing that the 
Beneficiary would be employed in the United States in an executive capacity. We note that the actual 
duties themselves will reveal the true nature of the employment. 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). As such, a detailed job 
description is critical to a determination of whether the Beneficiary would be employed in an executive 
capacity. 
In the present matter, although the Petitioner described the Beneficiary's U.S. position in its initial 
cover letter, the job description it provided was primarily comprised of vague statements that 
referenced the Beneficiary's "extensive knowledge" and focused on his discretionary authority, but 
did not delineate specific job duties that the Beneficiary would perform within the context of a building 
design and construction operation. Namely, the Petitioner stated that the Beneficiary would be 
responsible for job duties in each of four categories - developing "high quality business strategies," 
developing the organization, leading and motivating subordinates, and overseeing the operation. 
2 
Matter of M-C- LLC 
Although the Petitioner provided further information about the components of each category, the 
underlying information was vague and included broad references about the Beneficiary's role in 
developing long- and short-term goals, keeping "open communications" with the board of directors, 
developing organizational policies and objectives, maintaining "overall executive control," and 
building "an effective and cohesive executive management team." 
The fact that the Beneficiary manages or directs a business does not necessarily establish eligibility 
for classification as an intracompany transferee in an executive capacity within the meaning of section 
10l(a)(44)(B) of the Act. By statute, eligibility for this classification requires that the duties of a 
position be "primarily" executive in nature. Sections I0I(A)( 44)(B) of the Act. While the Beneficiary 
may exercise discretion over the Petitioner's day-to-day operations and possess the requisite level of 
authority with respect to discretionary decision-making, these elements alone are not sufficient to 
establish that his actual duties would be primarily executive in nature. Here, the Petitioner listed broad 
job responsibilities that can be applied to virtually any executive or senior management position with 
any company; the Petitioner did not list the Beneficiary's actual executive job duties within the scope 
of a U.S. building and construction operation. 
Further, although the Petitioner provides an organizational chart and indicates that it relies on 
contractors to carry out a number of services that are critical to its operation, it does not adequately 
describe the roles of the Beneficiary's subordinates or establish that it is adequately staffed to relieve 
the Beneficiary from having to carry out primarily non-executive job duties. 
As a result of the above described deficiencies, we find that the record as presently constituted does 
not warrant approval. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for entry of a new 
decision consistent with the foregoing analysis. 
Cite as Matter ofM-C-LLC, ID# 2052874 (AAO Apr. 23, 2019) 
3