sustained
L-1A
sustained L-1A Case: 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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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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