sustained L-1A Case: Electronic Commerce

U.S. Citizenship . 
and Immigration 
Services 
MATTER OF A-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 15, 2018 
. APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITlON: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an electronic commerce company, seeks to temporarily employ the Beneficiary as its 
"Capacity Planning Manager III" under the L-1 A nonimmigranl classification for intracompany 
transferees. See Immigration and Nationality Act (the Act) section lOl(a)(]S)(L), 8 U.S.C. 
§ I I0l(a)(IS)(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 Petitioner did 
not establish, as required, that the Beneficiary would be employed in a managerial or executive 
capacity under an approved petition. 
On appeal, the Petitioner points to the Beneficiary's comprehensive job description, which it 
previously provided, contending that the Director neglected to properly consider that job description, 
the Beneficiary's critical role within the scope of.the function he will manage, and the significant 
monetary impact of that function on the organization as a whole. The Petitioner provides additional 
information about the Beneficiary's essential function and points to previously submitted evidence 
about the Beneficiary's relationship with subordinates who will support his position and the duties of 
those subordinates. 1 
The Petitioner also discusses the reporting structure surrounding the Beneficiary's proposed position 
and clarifies that despite the lack of "geographical proximity" between the Beneficiary and his 
support staff, the direct line of management will remain the same and the Beneficiary's subordinate 
team in India will relieve the Beneficiary from having to primarily focus on non-managerial _job 
duties. The Petitioner goes on to list the various "senior leadership" positions with whom the 
Beneficiary will communicate in the course of executing his function management duties. In sum, 
the Petitioner adequately highlights the Beneficiary's role within the wider qualifying international 
organization and establishes that the Beneficiary will manage an essential function, while 
1 The Director incorrectly applied the definition of managerial capacity to the Beneficiary·s subordinate, finding that his 
direct subordinate would not function in a primarily managerial capacity. The Petitioner need not establish that a 
beneficiary's subordinates meet the statutory definition in order to demonstrate that the beneficiary meets the statutory 
criteria, which need only be applied to the proposed position. 
Maller of A-S-, Inc. 
subordinates within the organization will carry out the underlying duties of that function. See Maller 
ofZ-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016). 
Upon de nova review, we find that the Petitioner has overcome the basis for denial. Therefore, we 
· will sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter of A-S-. Inc., ID# 1633879 (AAO Nov. 15, 2018) 
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