remanded L-1A Case: Food Manufacturing

U.S. Citizenship 
and Immigration 
Services 
In Re: 15212628 
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: FEB. 3, 2021 
The Petitioner, a tortilla manufacturer , sought to continue its temporary employment of the Beneficiary 
as its manager of production and distribution 1 under the L-1 A 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's proposed U.S. employment would be in a managerial 
capacity. 2 In the analysis, the Director stated that in order to demonstrate that the Beneficiary's 
proposed position meets the statutory definition of "managerial capacity," the Petitioner must show 
that the Beneficiary's subordinates, if managerial or supervisory, "primarily focus on the broad goals 
and policies of the organization rather than perform day-to-day operations of the enterprise." The 
Director determined that the Petitioner provided deficient job descriptions that precluded the 
determination that the Beneficiary oversees managerial or supervisory subordinates who "primarily 
perform managerial tasks" or that he oversees professional subordinates whose job duties require a 
bachelor's degree or higher. 
On appeal, the Petitioner disputes the denial and asserts that the Director did not consider the totality 
of the record or contemplate the Petitioner's reasonable needs. The Petitioner further states that the 
Beneficiary "will be assuming the same duties and responsibilities which his father held as Chief 
Executive Officer" and the Petitioner no longer seeks to employ the Beneficiary as its manager of 
production and distribution, the position that the petition specified as the proposed U.S. position. 
Upon de nova review, we conclude that the Director incorrectly assigned elements of the definitions 
of managerial and executive capacity to the Beneficiary's subordinates. 3 Because the Director did not 
1 As explained below, the Petitioner informs us on appeal that as a result of a change in company circumstances the 
Beneficiary will assume the position of Chief Executive Officer and the Petitioner will not pursue the position that was 
specified in the petition . 
2 The Petitioner did not claim that the Beneficiary would be employed in an executive capacity. 
3 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 . 
properly review the evidence and provided an analysis that was inconsistent with the statutory and 
regulatory criteria, we cannot affirm the denial. 
Notwithstanding the Director's error, the regulations require a petitioner to file an amended petition 
"to reflect changes ... any information which would affect the beneficiary's eligibility under section 
10l(a)(l5)(L) of the Act." 8 C.F.R. § 214.2(1)(7)(C). Because the Petitioner now seeks to employ the 
Beneficiary in a different position, it appears that an amended petition is warranted. The Director may 
wish to conduct a thorough exploration of this additional issue on remand. 
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. 
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