sustained L-1A

sustained L-1A Case: Automotive Manufacturing

πŸ“… Date unknown πŸ‘€ Company πŸ“‚ Automotive Manufacturing

Decision Summary

The appeal was sustained because the petitioner successfully demonstrated that the beneficiary would be employed as a function manager. Evidence showed the beneficiary would oversee an essential function by managing two major client accounts generating significant revenue, and would be primarily relieved from performing non-qualifying operational duties by other employees.

Criteria Discussed

Managerial Or Executive Capacity Function Manager

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-N-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 9, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a manufacturer of glass and glazing products used in automobiles, seeks to continue the 
Beneficiary's temporary employment as a key account manager under the L-lA nonimmigrant 
classification for intracompany transferees. Immigration and Nationality Act (the Act) 
section 101(a)(15)(L), 8 U.S.C. Β§ 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 would be employed in a managerial or executive capacity. 
On appeal, the Petitioner asserts that the Beneficiary would act as a function manager overseeing 
two major company accounts generating more than $87 million in annual revenue. The Petitioner 
contends that the Beneficiary would be primarily relieved from performing non-qualifying duties by 
managerial and professional employees from various departments that perform the operational duties 
necessary to support his two major clients. 
Upon de nova review, we conclude that the record now contains sufficient evidence to overcome the 
Director's denial. The submitted evidence reflects that the Beneficiary would more likely than not 
act as a function manager overseeing an essential function of the company. The Petitioner submits 
credible evidence that the Beneficiary will have discretionary authority over managing new and 
existing business and services provided to two of the company's most significant clients, generating 
substantial revenue for the company. Therefore, the evidence demonstrates that the Beneficiary 
would have managerial authority over an essential function. 
Although the Petitioner submits duties and evidence indicating that the Beneficiary would like! y 
perform some non-qualifying operational duties, such as certain sales and quotation activities, it also 
provided credible documentary evidence reflecting that he would be primarily relieved from nonΒ­
qualifying duties by operational managers and professionals from various departments who provide 
goods and services to these major clients. In sum, the evidence credibly demonstrated that it was 
more likely than not that the Beneficiary, despite his . lack of immediate subordinates, would 
primarily direct an essential function of the company, rather than perform the duties necessary to 
perform the function. 
Matter of P-N-A-, Inc. 
Therefore, the totality of the evidence establishes that the Beneficiary would more likely than not act 
as a function manager under the extended petition. 
ORDER: The appeal is sustained. 
Cite as Matter of P-N-A-, Inc., ID# 1368985 (AAO July 9, 2018) 
2 
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