sustained L-1A Case: Automotive

U.S. Citizenship 
and Immigration 
Services 
MATTER OF D-USA, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 9, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an automotive solutions company, seeks to continue the Beneficiary's temporary 
employment as its "General Manager for Simulation, Engineering and Automation" under the L-lA 
nonimmigrant classification for intracompany transferees. See 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 Petitioner did 
not establish, as required, that the Beneficiary's foreign and proposed positions have been and would 
be in a managerial or executive capacity. 
On appeal, the Petitioner contends that the Director did not consider previously submitted evidence 
showing that the Beneficiary's foreign and U.S. positions involve overseeing managerial and 
professional employees. The Petitioner relies on the foreign entity's reporting structure and the job 
descriptions of the Beneficiary's foreign subordinates to support the claim that the Beneficiary 
assumes a senior-level position that fits the statutory criteria of managerial capacity. The Petitioner 
also provides additional information about the Beneficiary's proposed position and the job duties of 
his proposed support staff, explaining that the foreign entity's staff will continue to support the 
Beneficiary in his proposed position during the as the Petitioner continues to expand its U.S. operation. 
Lastly, the Petitioner discusses each of the Beneficiary's foreign and proposed job duties and lists the 
components of each duty, maintaining that all underlying operational tasks have been and will be 
performed by employees who are subordinate to the Beneficiary. 
Upon de nova review, we find that the Petitioner has supplemented the record with additional evidence 
and pointed to previously submitted evidence, which shows that the Beneficiary's foreign and 
proposed positions meet the statutory definition of managerial capacity. We also find that the Director 
incorrectly applied the statutory definition of managerial capacity to subordinate employees who are 
not subject to the statutory criteria. In sum, we find that the Petitioner has overcome the grounds for 
denial. Therefore, we will sustain the appeal. 
Matter of D-USA, Inc. 
ORDER: The appeal is sustained. 
Cite as Matter of D-USA, Inc., ID# 3259945 (AAO May 9, 2019) 
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