sustained L-1A

sustained L-1A Case: Data Analytics

📅 Date unknown 👤 Company 📂 Data Analytics

Decision Summary

The appeal was sustained because the petitioner provided sufficient evidence to establish that the beneficiary was employed in a managerial capacity abroad and would continue to be employed in a managerial capacity in the U.S. The AAO found that the beneficiary primarily allocates her time to managerial duties, exercises discretion over operations, and oversees professional subordinates, which is consistent with the statutory definition of managerial capacity.

Criteria Discussed

Managerial Capacity Abroad Managerial Capacity In The U.S.

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF L-A- CORP.
APPEAL OF TEXAS SERVICE CENTER DECISION
Non-Precedent Decision of the
Administrative Appeals Office
DATE: SEPT. 26, 2019
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a data analytics company, seeks to continue the Beneficiary's temporary employment as
its account 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. § 1101(a)(15)(L). The L
IA 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, as required, that the Beneficiary was employed abroad in a managerial or executive capacity,
or that she would be employed in the United States in a managerial or executive capacity under the
extended petition.
On appeal, the Petitioner submits additional evidence and asserts that the Beneficiary's job in India as
assistant manager was primarily managerial, and that her job as account 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 was more likely than not employed in India in a managerial
capacity, and that she 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 has and will
continue to primarily allocate her time to managerial duties and exercise discretion over the day-to
day operations of the Petitioner's client engagements. Further, her oversight over professional
subordinates in India and in the United States is consistent with the statutory definition of managerial
capacity at section 10l(a)(44)(A) of the Act.
ORDER: The appeal is sustained.
Cite as Matter of L-A- Corp., ID# 6014270 (AAO Sept. 26, 2019)
1 The Petitioner previously filed an L-lA nonimmigrant visa petition on the Beneficiary's behalf which was approved for
the period December 18, 2015, until August 22, 2018.

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