sustained L-1A

sustained L-1A Case: Automotive Parts

📅 Date unknown 👤 Company 📂 Automotive Parts

Decision Summary

The appeal was sustained because the AAO found errors in the Director's analysis, noting that the Director overlooked previously submitted evidence regarding the beneficiary's support staff, which included U.S.-based subcontractors and foreign affiliate staff. Upon de novo review, the AAO determined that the petitioner provided sufficient evidence to establish that the beneficiary would primarily be performing executive duties.

Criteria Discussed

Managerial Or Executive Capacity

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF D-USA, LLC
Non-Precedent Decision of the
Administrative Appeals Office
DATE: APR. 4, 2019
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a company that sells automotive parts, seeks to continue the Beneficiary's temporary
employment as its chief executive officer under the 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 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 provides additional information about the Beneficiary's position and job
duties as well as the job duties of his support staff The Petitioner also points to errors in the Director's
analysis, stating that the Director overlooked previously submitted evidence about the proposed
position and did not consider that in addition to five in-house employees, the Beneficiary would be
supported by U.S.-based subcontractors and staff from the foreign affiliate.
Upon de nova review, we find that the Petitioner has correctly pointed to errors in the Director's
analysis, which does not adequately consider the Petitioner's claims and supporting evidence. We
also find that the Director incorrectly applied the statutory definition of managerial capacity to
subordinate employees who are not subject to the statutory criteria. The Petitioner has supplemented
the record with sufficient evidence that establishes that the Beneficiary would more likely than not be
primarily performing executive job duties. In sum, we find that the Petitioner has overcome the
grounds for denial. Therefore, we will sustain the appeal.
ORDER: The appeal is sustained.
Cite as Matter of D-USA, LLC, ID# 2880058 (AAO Apr. 4, 2019)

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