sustained
L-1A
sustained L-1A Case: Business Management
Decision Summary
The appeal was sustained because the AAO found sufficient evidence that the beneficiary would be employed in a managerial capacity. The record demonstrated that the beneficiary would primarily allocate time to managerial duties, exercise discretion over daily operations, and oversee professional subordinates, which aligns with the statutory definition of a manager.
Criteria Discussed
Managerial Capacity
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U.S. Citizenship and Immigration Services In Re: 8206370 Appeal of Texas Service Center Decision Form 1-129, Petition for L-lA Manager or Executive Non-Precedent Decision of the Administrative Appeals Office Date : WL Y 7, 2020 The Petitioner seeks to continue the Beneficiary's temporary employment as its delivery manager under the L-lA nonimmigrant classification for intracompany transferees . 1 Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. § 110l(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 Texas Service Center denied the petition, concluding that the record did not establish that the Beneficiary would be employed in the United States in a managerial or executive capacity under the extended petition . On appeal , the Petitioner asserts that the Beneficiary's job as delivery manager in the United States will be primarily managerial. Upon de nova review, we will sustain the appeal. We find that the Petitioner has submitted sufficient evidence establishing that the Beneficiary would more likely than not continue to be employed in the United States in a managerial capacity. Specifically , a review of the record shows that the Beneficiary will continue to primarily allocate his time to managerial duties and exercise discretion over the day to-day operations of the Petitioner's client engagements. Further, his oversight over professional subordinates in the United States is consistent with the statutory definition of managerial capacity at section 101(a)(44)(A) of the Act. ORDER: The appeal is sustained . 1 The Petitioner previously filed an L-lA nonimmigrant visa petition on the Beneficiary's behalf which was approved for the period September 11, 2017, until July 24, 2019.
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