sustained
L-1A
sustained L-1A Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
. 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) 2
Use this winning precedent in your petition
MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.
Build Your Winning Petition →No credit card required. Generate your first petition draft in minutes.