sustained L-1A Case: Food Processing

MATTER OF F-M- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. I, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1~129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a peanut export and peanut product processing business, seeks to continue the 
Beneficiary's temporary employment as its chief executive officer under the L-1 A nonimmigrant 
classification for intracompany transferees. Immigration and Nationality Act (the Act) section 
101(a)(l5)(L), 8 U.S.C. § 11 0l(a)(l5)(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 record did not 
establish, as required, that the Beneficiary would be employed in a managerial or executive capacity 
under the extended petition. 
On appeal, the Petitioner asserts that it has established by a preponderance of the evidence that the 
Beneficiary will be employed in an executive or a managerial capacity. Upon de novo review, we 
will sustain the appeal. 
The Petitioner has established by a preponderance of the evidence that the Beneficiary would be 
employed in the United States in an executive capacity as defined at section 101(a)(44)(B) of the 
Act. The record does not support the Director's conclusion that non-qualifying tasks will constitute 
the primary share of the Beneficiary's duties. Rather, the Petitioner described the Beneficiary's role 
as one in which he is primarily responsible for directing the management of the petitioning 
organization. The record demonstrates that the Beneficiary oversees· a multi-layered entity, 
including four managers in charge of specific operational aspects of the business and additional 
subordinate staff that is sufficien~ to relieve the Beneficiary from primarily performing operational 
duties. The record als.o indicates that the Beneficiary has broad decision-making authority and 
receives only general supervision from the Petitioner's parent company in China. As such, the 
Petitioner has established that his services would be primarily executive in nature. 
The appeal will be sustained because the Petitioner has established that it will employ the 
Beneficiary in an executive capacity under the extended petition. 
Matter of F-M- LLC 
ORDER: The appeal is sustained. 
Cite as Matter ofF-M- LLC, ID# 2357444 (AAO Mar. 1, 2019) 
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