remanded L-1A Case: Wholesale Distribution

U.S. Citizenship 
and Immigration 
Services 
In Re : 23404034 
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 . 25, 2022 
The Petitioner , a distributer of wholesale paints , seeks to temporarily employ the Beneficiary in the United 
States as its chief executive officer under the L- lA nonirnrnigrant classification for intracompany 
transferees . Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C . § 1101(a)(15)(L) . 
The Director of the California Service Center approved the petition , but thereafter issued a decision 
denying the petition . In the denial decision, the Director determined the Petitioner did not establish 
that the Beneficiary would be employed in a managerial or executi ve capacity in the United States. 
On appeal, the Petitioner contends that the Director erred in concluding that the Beneficiary 's U.S . 
duty description was not sufficiently detailed and asserts that it was unrea sonable to deny the petition 
after sending notice that it had been approved. 
It is the Petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter of Skirball Cultural Ctr., 25 l&N Dec . 799,806 (AAO 2012). We 
review the questions in this matter de nova. Matter of Christo 's Inc., 26 I&N Dec. 537 , 537 n.2 (AAO 
2015) . Upon de nova review, we will withdraw the Director' s decision and remand the matter for further 
action and entry of a new decision. 
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 101(a)(15)(L) of the Act. In addition, the beneficiary must 
seek to enter the United States temporarily to continue rendering their services to the same employer 
or a subsidiary or affiliate thereof in a managerial or executive capacity. Id. The petitioner must also 
establish that the beneficiary 's prior education , training , and employment qualify them to perform the 
intended services in the United States . 8 C.F .R. § 214.2(1)(3). 
II. ANALYSIS 
As discussed, the Director approved the petition on September 25, 2018, and notified the Petitioner 
via email of this approval, indicating that the validity period of the nonimmigrant visa would be from 
September 25, 2018, to July 31, 2021. Thereafter, the Director proceeded to deny the petition on 
October 1, 2018. In the denial decision, the Director concluded that the Petitioner did not establish 
that the Beneficiary would be employed in a managerial or executive capacity in the United States. 
The Director did not address their prior communication of an approval of the petition in the denial 
decision. 
Under U.S. Citizenship and Immigration Services regulations, the approval of an L-lA petition may 
be revoked on notice under six specific circumstances. 8 C.F.R. § 214.2(1)(9)(iii)(A). To properly 
revoke the approval of a petition, a director must issue a notice of intent to revoke (NOIR) that contains 
a detailed statement of the grounds for the revocation and the time period allowed for 
rebuttal. 8 C.F .R. § 214.2(1)(9)(iii)(B). 
The Director erred by not proceeding according to the revocation regulations once the petition was 
approved and the Petitioner was notified of this approval. Consistent with the regulations, the Director 
was required to issue a NOIR setting forth the grounds under which they were revoking the petition's 
approval and allow the Petitioner the opportunity to rebut the NOIR. Therefore, due to this procedural 
error, the denial of the petition will be withdrawn, and this matter will be remanded for the issuance 
of a NOIR that sets forth at least one of the six grounds for revocation of an approval of a petition. 1 
Further, the NOIR should provide the Petitioner with a reasonable opportunity to respond, consistent 
with the regulations. 
On remand, the Director should request any additional evidence deemed warranted to address noted 
deficiencies. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for entry of a new 
decision consistent with the foregoing analysis. 
1 The six grounds a Director may rely upon in sending a NOIR include: (1) one or more entities are no longer qualifying 
organizations; (2) the [noncitizen] is no longer eligible under section 101(a)(15)(L) of the Act; 3) a qualifying 
organization(s) violated the requirements of section 101 (a)(l S)(L) and the corresponding regulations; (4) the statement of 
facts contained in the petition was not true and correct; (5) approval of the petition involved gross error; or (6) none of the 
qualifying organizations in a blanket petition have used the blanket petition procedures for three consecutive years. 
8 C.F.R. § 214.2(1)(9)(iii). 
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