sustained L-1A Case: Engineered Sales

MATTER OF A-S- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 2, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a distributor of aluminum processing machinery, seeks to temporarily employ the 
Beneficiary as it~ "Manager of Engineered Sales" under the L-1 A nonimmigrant classification for 
intracompany transferees. Immigration and Nationality Act (the Act) section 10l(a)(l5)(L), 8 
U.S.C. § l 10l(a)(15)(L). The L-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 California Service Center denied the petition, concluding that the record did not 
establish that the Beneficiary will be employed in a managerial or executive capacit):. 
Upon de novo review, we will sustain the appeal. 
On appeal, the Petitioner has provided additional explanations regarding the nature of the proposed 
role and has now established by a preponderance of the evidence that the Beneficiary will be 
employed in the United States in a managerial capacity as defined at section 101(a)(44)(A) of the 
Act. The record supports the Petitioner's claims that the Beneficiary will primarily manage the sales 
of its advanced aluminum processing machinery in North America, rather than performing the 
routine operational duties associated with that function. Given the nature of the products sold, the 
sales function is complex and requires high-level coordination among several departments, as well as 
with the Petitioner's parent company in Germany. 
The Petitioner consistently identified more than 25 employees of its joint venture partner who will 
initially support all aspects of the sales activities, including sales, technical, engineering, finance, 
administrative, and other support staff. Further, the Petitioner provided specific examples of the 
types of non-managerial duties to be delegated to these staff, and established that the Beneficiary 
will operate at a senior level and exercise discretion over day-to-day activities of the sales function, 
report directly to senior executives, and primarily perform managerial duties. 
ORDER: The appeal is sustained. 
Cite as Matter of A-S-, LLC, ID# 1668466 (AAO Oct. 2, 2018)