sustained L-1A Case: Data Analytics

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-A-S- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 29, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a data analytics solutions provider, seeks to extend the Beneficiary's temporary 
employment as its "Director - Supply Chain Solutions" under the L-lA nonimmigrant classification 
for intracompany transferees. Immigration and Nationality Act (the Act) § 101(a)(15)(L), 8 U.S.C. 
§ 110l(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 record did not 
establish, as required, that the Petitioner would employ the Beneficiary in a managerial or executive 
capacity under the extended petition. 
On appeal, the Petitioner asserts that the Director overlooked and misunderstood probative evidence, 
which led to both factual errors in the decision and a conclusion that is contrary to the facts presented. 
Upon de nova review, we will sustain the appeal. 
The denial decision was based in significant part on a finding that there were material inconsistencies 
in the record with respect to the number of U.S. employees working for the Petitioner and the number 
of employees reporting to the Beneficiary. We agree with the Petitioner that this conclusion appears 
to have been based on an incomplete review of the record. The Petitioner has consistently claimed 
that it has eight U.S. employees, that the Beneficiary has one U.S.-based subordinate, and that he 
supervises a team of three managers and twelve professionals who work for the Petitioner's Indian 
parent company. The employment, duties, and qualifications of the Beneficiary's entire team are well 
documented in the record. Although the Director declined to consider the Beneficiary's supervision 
of the India-based staff: the record supports a conclusion that the Petitioner's operations are closely 
tied with those of its foreign parent company based on an on-site/offshore model and that the foreign 
staff work to deliver projects and solutions to U.S.-based customers under the Beneficiary's 
management. 
Further, the Petitioner has demonstrated by a preponderance of the evidence that the Beneficiary holds 
a senior management role in which he reports directly to its CEO. The record substantiates that the 
Beneficiary will continue to manage a component of the company (the supply chain solutions business 
Matter of B-A-S- Inc. 
unit), oversee the work of subordinate supervisors and professionals, exercise authority over personnel 
actions, and hold decision-making authority over the day-to-day operations of the business unit. The 
Petitioner has also demonstrated that he has sufficient staff available to relieve him from significant 
involvement in day-to-day operational tasks, such that his primary duties will be at the senior 
management level, and consistent with the statutory definition of managerial capacity at section 
10l(a)(44)(A) of the Act. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of B-A-S-, Inc., ID# 5130320 (AAO July 29, 2019) 
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