sustained L-1A Case: Automotive Manufacturing

U.S. Citizenship 
and Inunigration 
Services 
MATTER OF D-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 7, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a manufacturer and supplier of automotive fluid management and systems 
components, seeks to temporarily employ the Beneficiary as "Regional Human Resources Manager" 
under the L-lA nonimmigrant classification for intracompany transferees. Immigration and 
Nationality Act (the Act) section 10l(a)(l5)(L), 8 U.S.C. § l 10l(a)(l5)(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 proposed position in the United States will be in a 
managerial or executive capacity. 
On appeal, the Petitioner contends that the Director did not consider the totality of the record and 
clarifies the roles and job duties of the foreign entity's employees in supporting the Beneficiary in 
her proposed U.S. position. The Petitioner cites Matter of Z-A-, Inc., Adopted Decision 2016-02 
(AAO Apr. 14, 2016), in support of these contentions and asks that we consider other critical factors, 
such as the complexity of its organizational structure and the Beneficiary's position with respect to 
the human resources function within that structure, the scope of her authority over that function, and 
her indirect supervision of employees in Mexico who will continue to carry out the underlying duties 
of that function as they had during her position with the foreign entity. The Petitioner also contends 
that the Director erred in finding that the foreign support staff must be "exclusively dedicated to 
relieving the [B]eneficiary" from non-managerial job duties. 
Upon de nova review, we find that the Petitioner has correctly pointed to errors in the Director's 
analysis regarding issues that are critical to the claim that the Beneficiary will assume the role of a 
function manager. We also find that the Petitioner has provided sufficient evidence clarifying the 
Beneficiary's role and the roles of her foreign support staff, whose listed job duties indicate that the 
Beneficiary will be relieved from having to devote her time to performing primarily non-managerial 
tasks of the human resources function. In sum, we find that the Petitioner has provided sufficient 
evidence to establish that the Beneficiary will focus primarily on tasks that are associated with 
managing the essential human resources function rather than performing the underlying operational 
tasks of that function. Therefore, we will sustain the appeal. 
Matter of D-, Inc. 
ORDER: The appeal is sustained. 
Cite as Matter of D-, Inc., ID# 2338231 (AAO Mar. 7, 2019) 
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