sustained L-1A Case: Educational Software

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-S- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT.ll,2017 
APPEAL OF VERMONT SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which promotes and markets educational software developed by its foreign parent 
company, seeks to extend the Beneficiary's temporary employment' as its chief executive officer 
under the L-IA nonimmigrant classification for intracompany transferees. See Immigration and 
Nationality Act (the Act) section 10l(a)(l5)(L), 8 U.S.C. § 110l(a)(l5)(L). TheL-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 Vermont Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner will employ the Beneficiary in the United States in an 
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executive capacity. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erred by imposing improper requirements and not taking the staff of the 
foreign parent company into account. 
Upon de novo review, we find that the Petitioner has provided sufficient evidence to overcome the 
sole basis for denial. Therefore, we will withdraw the Director's decision and sustain the appeal. 
I. LEGAL FRAMEWORK 
To establish eligibility for theL-IA nonimmigrant visa classification, a qualifying organization must 
have employed the Beneficiary in a managerial or executive capacity, or in a specialized knowledge 
capacity, for one continuous year within three years preceding the Beneficiary's application for 
admission into the United States. In addition, the Beneficiary must seek to enter the United States 
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The Petitioner previously filed a "new office" petition on the Beneficiary's behalf. A "new office'' is an organization 
that has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year. 
8 C.F.R. § 214.2(l)(l)(ii)(F). The regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation one year 
within the date of approval of the petition to support an executive or managerial position. 
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The Petitioner had consistently claimed that the Beneficiary would be employed in an executive capacity, rather than in 
a managerial capacity. 
Matter of C-S- Inc. 
temporarily to continue rendering his or her services to the same employer or a subsidiary or affiliate 
thereof in a managerial or executive capacity. Section 101(a)(l5)(L) of the Act. 
There are additional requirements when a petitioner seeks to extend an L-1 A visa petition that 
involved the opening of a new office. The new petition must include evidence to show: a qualifying 
relationship still exists between the employers in the United States and abroad; the U.S. entity has 
been doing business for the previous year; and the financial status of the U.S. operation. The 
Petitioner must also submit statements describing the Beneficiary's past and intended future duties in 
the United States, and details ofthe staffing of the new operation. See 8 C.F.R. § 214.2(1)(14)(ii). 
II. EMPLOYMENT IN AN EXECUTIVE CAPACITY 
The Director denied the petition based on a finding that the Petitioner did not establish that it will 
employ the Beneficiary in an executive capacity. 
An executive capacity is an assignment within an organization in which the employee primarily 
directs the management of the organization or a major component or function of the organization; 
establishes the goals and policies of the organization, component, or function; exercises wide 
latitude in discretionary decision-making; and receives only general supervision or direction from 
higher-level executives, the board of directors, or stockholders of the organization. Section 
101(a)(44)(B) ofthe Act. 
If staffing levels are used as a factor in determining whether an individual is acting in an executive 
capacity, U.S. Citizenship and Im1;11igration Services must take into account the reasonable needs of 
the organization, in light of the overall purpose and stage of development of the organization. See 
section 101(a)(44)(C) ofthe Act. 
The Director's principal findings related to the Petitioner's staffing. In the denial notice, the 
Director found that the Petitioner had not shown that the Beneficiary is able to primarily perform 
executive duties. The Director acknowledged that the Beneficiary has subordinates in the United 
States, but found that the Petitioner had not shown their duties to be primarily managerial. On 
appeal, the Petitioner asserts that the Director relied too much on the company's small size, and did 
not give enough consideration to the Beneficiary's continued authority over the foreign parent 
company. The two companies perform different functions in support of one overall business; they 
do not perform entirely disparate activities, linked only by ownership. 
Taking the activities of the foreign parent company into account, the record suppmis a finding that 
the Beneficiary's aggregate duties are primarily executive in nature. 
III. CONCLUSION 
The Petitioner has established that it will employ the Beneficiary in an executive capacity. 
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Matter of C-S- Inc. 
ORDER: The appeal is sustained. 
Cite as Matter of C-S- Inc., ID# 522342 (AAO Sept. 11, 20 17) 
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