sustained L-1A

sustained L-1A Case: Clothing Wholesale

📅 Date unknown 👤 Company 📂 Clothing Wholesale

Decision Summary

The Director revoked the petition, finding that the Beneficiary would not be employed in a qualifying executive capacity due to concerns over staffing complexity and a salary discrepancy with a subordinate. On appeal, the petitioner provided additional evidence clarifying the business's functions, the roles of its employees, and the salary disparity, which was sufficient to establish that the Beneficiary would be employed in an executive capacity.

Criteria Discussed

Executive Capacity Staffing Levels Salary Discrepancy

View Full Decision Text

U.S. Citizenship
and Immigration
Services
Non-Precedent Decision of the
Administrative Appeals Office
MATTER OF AJG-T- LLC DATE: APR. 30,2018
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a clothing wholesaler, seeks to temporarily employ the Beneficiary as its general
manager under the L-1 A nonimmigrant classification for intracompany transferees. See Immigration
and Nationality Act (the Act) section 101(a)(IS)(L), 8 U.S.C. § IIOI(a)(I5)(L). The L-1A
classification allows a corporation or other legal entity (including its at1iliate or subsidiary) to
transfer a qualifying foreign empi6yee to the United States to work temporarily in a managerial or
executive capacity.
The Director of the California Service Center revoked approval of the petition, concluding that the
record did not establish, as required, that the Beneficiary has been and would be employed in an
executive capacity. The Director pointed to a discrepancy in salaries between the Beneficiary and
his subordinate and questioned the sufficiency of the Petitioner's staffing, ultimately finding that the
Petitioner does not possess a level of complexity that would elevate the Beneficiary to an executive
level position.
On appeal, the Petitioner argues that the Director did not specifically list all concerns and perceived
anomalies in the notice of intent to revoke, and thus precluded the Petitioner from being able to
address and resolve these issues prior to the revocation. Accordingly, the Petitioner submits an
appellate brief and additional supporting evidence, which provides greater insight as to how the
Petitioner's bLisiness functions and who performs the key underlying operational tasks of that
business. It also clarities the nature of the relationship between the Beneficiary and his subordinate
vice president, and explains the disparity in their respective salaries. In sum, we find that the record
of proceeding, as supplemented by the Petitioner's submission on appeal, establishes that it has and
would, more likely than not, continue to employ the Beneficiary in an executive capacity.
Upon de novo review, we find that the Petitioner has overcome the Director's de.cision. Therefore,
we will sustain the appeal.
ORDER: The appeal is sustained.
Cite as A-latter ufA.JG- T- LLC, ID# 1196149 (AAO Apr. 30, 20 18)

Using this case in a petition? Let MeritDraft draft the argument →

Use this winning precedent in your petition

MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.

Build Your Winning Petition →

No credit card required. Generate your first petition draft in minutes.