sustained L-1A Case: Hospitality Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-USA, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 27, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, 1 a hospitality management company, seeks to temporarily employ the Beneficiary as 
its general manager officer under the L-lA nonimmigrant classification for intracompany transferees. 
Immigration and Nationality Act (the Act) § 101(a)(l5)(L), 8 U.S.C. § 110l(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: (1) the Beneficiary was employed abroad in a managerial or executive 
capacity; and (2) the Petitioner will employ the Beneficiary in the United States in a managerial or 
executive capacity. 
On appeal, the Petitioner submits a brief and additional evidence, and asserts that the Director erred 
by concluding that the Beneficiary's foreign and proposed U.S. positions are not managerial or 
executive. 
Upon de nova review, we will sustain the appeal. 
The Petitioner has provided additional explanations on appeal regarding the nature of the foreign and 
proposed U.S. roles and has now established by a preponderance of the evidence that the Beneficiary 
has been and will be employed in a managerial capacity as defined at section 101(a)(44)(A) of the Act. 
The record shows that the Petitioner employs over 70 employees and is part of a Canadian hospitality 
company that runs hostels, restaurants, and a tour company. The Petitioner has demonstrated that the 
Beneficiary will primarily manage its operation in I I California, rather than primarily 
performing routine operational duties associated with that location. The Petitioner identified the 
subordinate managers as well as their corresponding duties and how they will relieve the Beneficiary 
from primarily performing operational duties related to running thel !operation. The 
Petitioner has also demonstrated by a preponderance of the evidence that the Beneficiary will exercise 
1 The Petitioner identified its name as ~----~~" on the Form 1-129, Petition for a Nonimmigrant Worker, 
and as ~-------~the Canadian parent company, on the Form I-290B, Notice of Appeal or Motion. The 
record shows that the former is the correct name. 
Matter of S-USA, Inc. 
discretion over the day-to-day operations of thel I operation. With respect to the foreign 
employment, we also find that the Petitioner has overcome this issue for reasons similar to those 
discussed above. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361. Here, the Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of S-USA, Inc., ID# 3259601 (AAO June 27, 2019) 
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