Sustained
L-1A
L-1A Sustained — Advertising Technology (2024): the Director misapplied the legal standard by requiring the
Decision Summary
The appeal was sustained because the Director misapplied the legal standard by requiring the beneficiary's subordinates to be managers, a criterion for 'managerial capacity' not 'executive capacity'. The AAO found that the petitioner provided sufficient evidence showing the beneficiary would primarily direct a major company component, establish its goals and policies, and exercise wide decision-making authority, thereby meeting the definition of an executive.
Criteria Discussed
Executive Capacity Directing The Management Of An Organization Or Component Establishing Goals And Policies Discretionary Decision-Making Receiving Only General Supervision
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more L-1A decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →