sustained L-1A

sustained L-1A Case: Engineering Services

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Engineering Services

Decision Summary

The appeal was sustained because the petitioner submitted sufficient evidence to overcome the sole basis for denial. The record established that the beneficiary would be employed as a function manager, overseeing mergers and acquisitions and corporate strategy, directing high-level teams, and exercising discretion consistent with the statutory definition of managerial capacity.

Criteria Discussed

Managerial Capacity Executive Capacity Function Manager

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. MATTER OF T-T-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 21, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an engineering services company, seeks to continue the Beneficiary's temporary 
employment as an executive officer under the L-1 A nonimmigrant classification for intracompany 
transferees. Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. 
ยง 1101(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, as required, that the Beneficiary would be employed in a managerial or executive capacity. 
On appeal, the Petitioner asserts that the Beneficiary qualifies as a function manager. The Petitioner 
also contends that the Director improperly focused on whether the Beneficiary would oversee 
professional subordinates and did not consider whether he would manage an essential function as 
asserted. 
Upon de novo review, we conclude that the record now contains sufficient evidence to overcome the 
sole basis for denial. The submitted evidence reflects that the Beneficiary would more likely than 
not be employed as a function manager overseeing the Petitioner's mergers and acquisitions, 
business strategy formulation and deployment, and high level corporate initiatives. 
The Petitioner submitted credible support letters and other documentary evidence substantiating that 
the Beneficiary directs teams of higher level managers and professionals with respect to the 
company's mergers and acquisitions and high level corporate business strategy initiatives. In 
addition, the supporting evidence indicated the Beneficiary delegating tasks to other higher level 
managers and professionals throughout the company's extensive organizational structure in order to 
execute on mergers and acquisitions and other corporate initiatives. The Petitioner also provided a 
detailed, credible duty description for the Beneficiary and sufficiently explained how he would 
exercise discretion over the day-to-day operations of his function. The Petitioner sufficiently 
demonstrated that the Beneficiary would more likely than not be primarily performing higher-level 
duties consistent with the statutory definition of managerial capacity. See 101(a)(44)(A) of the Act, 
8 U.S.C. ยง 1101(a)(44)(A). 
Matter of T-T-, Inc. 
The totality of the evidence establishes that the Beneficiary will more likely than not act in a 
managerial capacity. 
ORDER: The appeal is sustained. 
Cite as Matter ofT-T-, Inc., ID# 1797162 (AAO Nov. 21, 2018) 
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