remanded
L-1A
remanded L-1A Case: Educational Services
Decision Summary
The matter was remanded for the Director to reconsider the petition in light of a recent update to the USCIS Policy Manual regarding deference to prior approvals. Since the petition was an extension request for a previously approved petition involving the same parties and position, the new guidance directly impacted the case.
Criteria Discussed
Managerial Capacity Abroad Executive Capacity In The U.S. Deference To Prior Approvals
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U.S. Citizenship and Immigration Services In Re: 20152704 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: MAR. 22, 2022 The Petitioner, a provider of educational services, seeks to continue the Beneficiary's temporary employment as vice president, corporate services, under the L-IA 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 Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish, as required, that the Beneficiary was employed in a managerial or executive capacity abroad or that he would be employed in a managerial or executive capacity in the United States. On appeal, the Petitioner asserts that the Director erred by denying the petition. The matter is now before us on appeal. In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. See Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will remand the matter to the Director for further consideration and entry of a new decision. While the appeal was pending, U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual 's guidance regarding deference to prior approvals . 2 USCIS Policy Manual A.4(B)(l) , https://www.uscis.gov/policymanual; see also USCIS Policy Alert, PA-2021-05, Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity (Apr. 27, 2021 ), https:/ /www.uscis.gov/sites/default/files/document/policy-manual-updates /202 l 0427- Deference .pdf. This petition is an extension request in the same nonimmigrant classification, previously approved by USCIS, and filed by the same parties and for the same position. Therefore, it is directly impacted by this USCIS guidance . As such, we find it appropriate to remand the matter to the Director to consider the extension request anew, and to take any additional action that may be necessary and appropriate. Accordingly , the following order shall be issued. ORDER: The decision of the Director is withdrawn. The matter is remanded for further proceedings consistent with the foregoing analysis and entry of a new decision. 2
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