sustained L-1A Case: Automotive Accessories
Decision Summary
The appeal was sustained because the petitioner overcame the Director's findings that the beneficiary was not employed abroad in a managerial capacity. The petitioner successfully clarified the beneficiary's job description, the function of the department he managed, the duties of his subordinate managers, and the role of support staff who relieved him of operational tasks, thereby establishing his managerial role.
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U.S. Citizenship and Immigration Services MA TIER OF E-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 25, 2018 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a manufacturer and distributor. of automotive accessories, seeks to temporarily employ the Beneficiary as vice president of its building products division under the L-1 A nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. ยง 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 record did not establish, as required, that the Beneficiary was employed ยทabroad in a managerial capacity. The Director stressed the importance of a detailed job description, finding that theยท Petitioner did not sufficiently describe the Beneficiary's daily job duties or provide supporting evidence to establish that the Beneficiary was adequately supported in his claimed managerial role. The Director also questioned whether the Beneficiary's subordinates were professional employees. On appeal, the ยท Petitioner points to the Beneficiary's comprehensive job description, which it previously provided, contending the Director neglected to properly consider that job description, his critical role within the scope of the department he managed, and the significant monetary impact of that department on the organization as a whole. The Petitioner provides additional information about the function of the department that the Beneficiary managed and points to previously submitted evidence about the duties of subordinate managers who supported the Beneficiary's position within that department and the Benefi'ciary's relationship with those subordinates. The Petitioner also clarifies the role of the foreign entity's support staff, explaining how they relieved the Beneficiary from having to carry out the underlying operational tasks of the division he managed. Upon de nova 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 E-, Inc., ID# 1415079 (AAO July 25, 2018)
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