sustained L-1A Case: Digital Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 7351318 
Appeal of Texas Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (L-lA) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 31, 2020 
The Petitioner, a digital marketing agency, seeks to temporarily employ the Beneficiary as a "Senior Vice 
President, Managing Director" in the United States under the L-lA nonimmigrant classification for 
intracompany transferees. Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. 
§ 1101(a)(15)(L). 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary was employed in a managerial or executive capacity abroad 
prior to her entry into the United States as a nonimmigrant. On appeal, the Petitioner asserts that the 
Beneficiary qualified as a personnel manager abroad based on her supervision of professional 
subordinates . 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary more 
likely than not acted in a managerial capacity abroad. First, the Petitioner submitted a detailed foreign 
duty description for the Beneficiary indicating that she was primarily engaged in qualifying managerial 
tasks in her fonner position abroad and demonstrating that she oversaw professional account directors, 
managers, and executives. The Petitioner provided duty descriptions and supporting evidence 
sufficient to establish that the Beneficiary's subordinates held, and were required to have, bachelor's 
degrees to perform the duties of their positions. The submitted evidence also sufficiently demonstrates 
that the Beneficiary had the authority to hire, fire, and take other personnel actions with respect to her 
subordinates and that she exercised discretion over them. Further, the record demonstrates that the 
members of the Beneficiary's department more likely than not relieved her from primarily performing 
non-qualifying operational level tasks. As such, the totality of the evidence demonstrates that the 
Beneficiary was more likely than not employed in a managerial capacity abroad. 8 C.F.R. § 
214.2(1)(1 )(ii)(B)(3). 
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. 
2