sustained L-1A

sustained L-1A Case: Automotive Accessories

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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.

Criteria Discussed

Managerial Capacity (Abroad) Nature Of Subordinates' Roles

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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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