sustained L-1A Case: Auto Parts

U.S. Citizenship 
and lmmigrat1on 
Services 
MATTER OF F-T-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 10, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a seller of core auto and train parts that are manufactured by its foreign affiliate, 
seeks to continue the Beneficiary's temporary employment as its president under the L-lA 
nonimmigrant classification for intracompany transferees.1 See Immigration and Nationality Act (the 
Act) section 10l(a)(l5)(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 Petitioner did 
not establish, as required, that the Beneficiary would be employed in the United States in a 
managerial or executive capacity. 
On appeal, the Petitioner provides a brief in which it further explains the Beneficiary's duties during 
the start-up phase of its operation, explaining how those duties and the hiring of a support staff 
allowed the new company to progress to the next operational phase, which involves new job duties 
that are consistent with the expanded operation. The Petitioner focuses on the Beneficiary's 
executive role within its organization in the United States and points to previously submitted 
evidence, which shows that the Beneficiary relies on subordinate employees to carry out critical 
operational functions. The Petitioner also points to the Beneficiary's role within the context of a 
broader international organization, which involves a foreign manufacturing operation and its use of 
the Petitioner's U.S.-based operation to expand into new markets. 
Based on our analysis of the totality of the evidence, we find that the Petitioner has submitted 
sufficient evidence to establish that it has the ability to support the Beneficiary in an executive 
position so that the Beneficiary will more likely than not allocate his time primarily to performing 
tasks of an executive nature. 
1 The Petitioner previously filed a "new office" petition on the Beneficiary's behalf which was approved for the period 
December 19, 2016, until December 18, 2017. A "new office" is an organization that has been doing business in the 
United States through a parent, branch, affiliate, or subsidiary for less than one year. 8 C.F.R. § 214.2(l)(l)(ii)(F). The 
regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation one year within the date of approval of the 
petition to support an executive or managerial position. 
Matter ~f F-T-, Inc. 
Upon de novo review, we find that the Petitioner has overcome the Director's decision. Therefore 
we will sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter of F-T-, Inc., ID# 1672221 (AAO Oct. 10, 2018) 
2