sustained L-1A Case: E-Commerce Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 25, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an international electronic commerce company, seeks to temporarily employ the 
Beneficiary as a technical program manager III under the L-lA nonimmigrant classification for 
intracompany transferees. See Immigration and Nationality Act (the Act) § 10l(a)(l5)(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: (1) the Beneficiary is employed abroad in a managerial or executive 
capacity; and (2) the Petitioner will employ the Beneficiary in the United States in a managerial or 
executive capacity. 
On appeal, the Petitioner submits a brief and asserts that the Director erred by concluding that the 
Beneficiary's current and proposed positions are not managerial. 
Upon de nova review, we will sustain the appeal. 
The Petitioner has established, by a preponderance of the evidence, that the Beneficiary is employed 
in a qualifying managerial capacity abroad and will be employed in a qualifying managerial capacity 
in the United States as defined at section 10l(a)(44)(A) of the Act. The Petitioner described the 
Beneficiary's current role abroad as one in which he manages an essential function which provides 
marketplace sellers in India solutions for warehousing and order processing needs. The Beneficiary, 
in his current role, delegates tasks and supervises project goals as assigned to a team of 33 indirect 
reports consisting of: 7 product managers, 3 software development managers, 1 senior software 
development engineer, and 22 software development engineers. The managers and senior engineer, 
in turn, supervise and manage the work of the team of software development engineers. The lower­
level software engineers perform the bulk of the foreign affiliate's day-to-day, non-qualifying 
operational duties. 
With respect to the Beneficiary's proposed position in the United States, he will be responsible for the 
essential business function of leading technical implementations from inception to launch across a 
Matter of A-S-, Inc. 
number of different initiatives and business teams. The record further establishes that the Beneficiary 
will indirectly supervise 17 employees consisting of nine software development managers, two senior 
technical program managers, three senior software development engineers, and three software 
development engineers. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely 
with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner in the instant case has 
sustained that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of A-S-, Inc., ID# 1842027 (AAO Apr. 25, 2019) 
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