remanded L-1A Case: Software Testing

U.S. Citizenship 
and Immigration 
Services 
In Re: 12260241 
Appeal of California Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 27, 2020 
The Petitioner, a software testing company, seeks to temporarily employ the Beneficiary as a QA lead 
under the L-1 A nonimmigrant classification for intracompany transferees . Immigration and 
Nationality Act (the Act) section 101(a)(15)(L), 8 U.S .C. § 1101(a)(15)(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 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 contends that the Director erroneously 
denied the petition by failing to consider relevant evidence, and claims that the record demonstrates that 
it will employ the Beneficiary in a managerial capacity. 
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 . 
At this time, we are unable to address the merits of this case because the record is incomplete . The 
record reflects that the Director issued a request for evidence (RFE) on December 13, 2019 . While 
the Director acknowledged that the Petitioner submitted a timely response to the RFE on March 6, 
2020, most of the RFE, and significant portions of the response, are not incorporated into the record 
of proceedings. 1 We cannot determine whether the Director considered the full RFE response, nor 
can we base our own decision in this case on an incomplete record. 
1 The record includes only the first page of the Director's RFE, and the Petitioner 's RFE exhibits labeled B-1 through 0. 
The record does not contain a complete copy of the RFE issued to the Petitioner, nor does it contain a copy of the 
Petitioner 's cover letter submitted in response to the RFE. Exhibits A and B of the response, referenced by the Petitioner 
on appeal, are also missing from the record. The absence of these documents is significant, because the Petitioner 's 
appellate brief asserts that the Director did not afford significant consideration to its "exposition" of how the Beneficiary 's 
duties sufficiently meet and comply with the regulatory definition of managerial capacity as set forth in its RFE cover 
letter. The Petitioner further asserts that the Director overlooked the organizational chart submitted as Exhibit B of the 
RFE response. 
The Director bears the responsibility of ensuring that the record is complete and contains all evidence 
that has been submitted by a petitioner or considered by USCIS in reaching its decision. See 8 C.F.R. 
§ 103.2(b)(l); cf Matter of Gibson, 16 I&N Dec. 58, 59 (BIA 1976). Accordingly, we will withdraw 
the Director's decision and remand this matter for the inclusion of the missing record materials and 
further consideration. 
Upon remand, the Petitioner should have the opportunity to supplement the record. The Director 
should issue a new decision based on a review of the complete record, including the evidence 
submitted on appeal. In doing so, the Director should ensure that the Petitioner's complete RFE 
response is in the record. Further, the Director should consider whether the Petitioner has established 
eligibility at the time of filing. 8 C.F.R. § 103.2(b)(l). 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis, which, if adverse, shall be certified 
to us for review. 
2