sustained L-1A Case: Control Automation Technology

MATTER OF U-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 12, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a seller of control automation technology products and services, seeks to employ the 
Beneficiary as its sales and marketing manager 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. § 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 Petitioner did 
not establish, as required, that the Beneficiary was employed abroad and would be employed in the 
United States in a managerial or executive capacity. 
On appeal, the Petitioner states that the Beneficiary has and would continue to assume the role of a 
function manger; it contends that the Director mischaracterized the Beneficiary's job descriptions 
and did not consider his foreign and proposed positions with respect to the wider qualifying 
international organization, as instructed in Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO 
Apr. 14, 2016). The Petitioner refers to a previous discussion in which it addressed the components 
of the entire organization, including its affiliates' operational and research and development teams. 
Upon review, we find that the Petitioner adequately explains how those teams will function to 
establish that they will continue to support the Beneficiary's proposed position in the United States. 
The Petitioner also provides a comprehensive discussion of the underlying tasks that are associated 
with the essential sales function that the Beneficiary has and would continue to manage; in doing so, 
the Petitioner points out that the distributor partner companies that sell the Petitioner's products 
actually employ the managers and support staff who are responsible for carrying out the critical sales 
function along with other non-managerial tasks, such as training their own sales people on key 
product features and addressing end user customer service issues. Further, the Petitioner resubmits 
previous statements that described the Beneficiary's duties, focused on his critical role within the 
scope of the function he managed and would continue to manage, and pointed to the significant 
monetary impact of that function on the organization as a whole. Based on our analysis of the 
totality of the evidence, we find that the Petitioner has submitted sufficient evidence to establish that 
the Beneficiary assumed a function manager role during his employment abroad and would assume a 
similar role in his proposed position in the United States. 
Matter of U-A-, Inc. 
Upon de novo review, we find that the Petitioner has overcome the Director's decision. Therefore. 
we will sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter ofU-A-, Inc., ID# 1623941 (AAO Sept. 12, 2018) 
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