sustained L-1A Case: Automotive Parts Manufacturing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF PWCU-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 27, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM, 1-129 PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a designer, manufacturer, wholesaler, and distributor of alloy rings used in the 
manufacturing of automobile wheels, seeks to temporarily employ the Beneficiary as president of its 
new office under L-lA nonimmigrant classification for intracompany transferees. See 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 record did not 
establish, as required, that the Petitioner would employ the Beneficiary in a managerial or executive 
capacity in the United States. The Director acknowledged that the Petitioner indicated on the petition 
that the Beneficiary is coming to the United States for employment in a new office, but determined 
that the company does not qualify as a new office. 
On appeal, the Petitioner asserts that it has not been doing business as defined in the regulations for at 
least one year, and, as such, it meets the definition of a "new office." The Petitioner maintains that it 
submitted sufficient evidence to establish that it would be able to support the Beneficiary in a 
managerial capacity within one year of the approval of the petition. 
Upon de nova review, we will sustain the appeal. 
Specifically, the totality of the evidence now establishes that the Petitioner qualifies as a new office 
and will support the Beneficiary in a managerial or executive capacity within one year. The Petitioner 
provided a detailed explanation of the Beneficiary's proposed duties, and explained that, as part of the 
expansion efforts, the Beneficiary will establish four departments for the distribution, design, 
development, and manufacturing of aluminum rims and wheels for the automobile aftermarket 
business. The Petitioner also provided evidence that the foreign entity's support staff will perform 
accounting, production, quality control, and research- and development-driven tasks, which will 
relieve the Beneficiary from having to primarily carry out non-qualifying job duties. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely 
with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner in the instant case has 
sustained that burden. 
Matter of PWCU-, LLC 
ORDER: The appeal is sustained. 
Cite as Matter of PWCU-, LLC, ID# 2651321 (AAO Mar. 27, 2019) 
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