remanded L-1A Case: Supply Chain Solutions

MATTER OF T-R-G- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 8, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an Omni-channel and supply chain solutions business, seeks to temporarily employ 
the Beneficiary as senior director of product development under the L-lA nonimmigrant classification 
for intracompany transferees. See hnmigration and Nationality Act (the Act) section 101(a)(l5)(L), 
8 U.S.C. § 1101(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 on the ground that the Petitioner 
did not establish that the Beneficiary would be employed in a primarily managerial or executive 
capacity in the United States. The Director found that the Petitioner's description of the job duties 
the Beneficiary would perform in the United States were indicative of an employee who will 
primarily be performing tasks necessary to provide a service or produce a product. 
On appeal, we find that the Petitioner has established, by a preponderance of the evidence, that the 
Beneficiary will be employed in a primarily managerial capacity in the United States. Accordingly, 
we will withdraw the Director's finding to the contrary. However, we also find that the present 
record is insufficient to establish that the Beneficiary was employed abroad in a primarily 
managerial or executive capacity. Therefore, we will remand the matter to the Director 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 
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. As further prescribed in the 
regulations , a beneficiary must have "one continuous year of full-time employment abroad with a 
qualifying organization within the three years preceding the filing of the petition." 8 C.F.R. 
§ 214.2(1)(3)(iii). In addition, the beneficiary must seek to enter the United States temporarily to 
Matter ofT-R-G-Inc. 
continue rendering their services to the same employer or a subsidiary or affiliate thereof in a 
managerial or executive capacity. Id. 
II. ANALYSIS 
A. Employment in the United States in a Managerial Capacity 
"Managerial capacity" means an assignment within an organization in which the employee primarily 
manages the organization, or a department, subdivision, function, or component of the organization; 
supervises and controls the work of other supervisory, professional, or managerial employees, or 
manages an essential function within the organization, or a department or subdivision of the 
organization; has authority over personnel actions or functions at a senior level within the 
organizational hierarchy or with respect to the function managed; and exercises discretion over the 
day-to-day operations of the activity or function for which the employee has authority. Section 
10l(a)(44)(A) of the Act. 
The Petitioner asserts that the Director erred in finding that the Beneficiary will not be employed in a 
primarily managerial capacity in the United States as senior director of product development. We 
agree. The evidence of record includes a detailed description of the Beneficiary's managerial duties, 
accompanied by the Petitioner's organizational chart which shows that the Beneficiary, as senior 
director of product development, ranks just below the executive position of "vice president -
product" and oversees six subordinate managers who in turn manage 12 employees responsible for 
the day-to-day tasks of product development. The names, job titles, job duties, and educational 
credentials of all 18 subordinate managers accompany the organizational chart. We find that the 
Petitioner has established, by a preponderance of the evidence, that the Beneficiary will primarily 
manage the Petitioner's product development component; supervise and control the work of other 
supervisory, professional, or managerial employees; have authority over personnel actions at a senior 
level within the organization; and exercise discretion over the day-to-day operations of product 
development. Accordingly, the Petitioner has established that the Beneficiary will be employed in a 
primarily managerial capacity in the United States, in accordance with the requirements of section 
10l(a)(44)(A) of the Act. We will withdraw the Director's finding to the contrary. 
B. Employment Abroad in a Managerial Capacity 
As previously indicated, we find that the current record dos not establish that the Beneficiary was 
employed abroad in a managerial or executive capacity for one year out of the three years prior to 
the filing of the instant petition on September 10, 2018, as required in 8 C.F.R. § 214.2(1)(3)(iii). 
The Petitioner states that the Beneficiary has been employed abroad by I I its 
subsidiary in I I Russia, since January 30, 2014. According to the Petitioner, the 
Beneficiary was originally hired as a senior software engineer and since May 2, 2017, has served as 
director of technical support, allegedly a managerial position. The only evidence of this employment 
experience is in the letter from the Petitioner's HR director that accompanied the petition. This letter 
provided a succinct overview of the Beneficiary's duties, but few details about the tasks he actu~ 
performed on a day-to-day basis. No evidence has been provided about the size and structure ofl_J 
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Matter ofT-R-G-Inc . 
.__ ____ ~ _ __.at large, or about its technical support operation and how the Beneficiary 
exercised his managerial duties vis-a-vis his subordinate employees and/or with respect to the 
essential function of technical support. 
The Petitioner must support its assertions with relevant, probative, and credible evidence. See 
Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). For the reasons discussed above, we will 
remand this matter to the Director for farther consideration of whether the Beneficiary was 
employed abroad for at least one year in a managerial ( or executive) capacity before the filing of the 
instant petition in September 2018, and any other issue(s) the Director may deem relevant. The 
Director may request additional evidence from the Petitioner, and consider any new evidence 
submitted in response to such request, before issuing a new decision. 
III. CONCLUSION 
We will withdraw the Director's finding that the Beneficiary will not be employed in a managerial 
capacity in the United States, but remand the matter for the Director to determine whether the 
Beneficiary was employed abroad for at least one year in a managerial capacity. 
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 ofT-R-G- Inc, ID# 4678646 (AAO Aug. 8, 2019) 
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