sustained L-1A Case: Hotel Operations

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-P-H- INC. -
Non-Precedent Decision of the . . 
Administrative Appeals Office 
DATE: FEB. 15, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a hotel operator, seeks to temporarily employ the Beneficiary as its vice president of 
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operations 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. § 1101(a)(15)(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. 
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The Director of the California Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that it would employ the Beneficiary in a managerial or executive capacity in the 
United States, or that the Beneficiary has been employed abroad by its foreign affiliate in a man~gerial 
or executive capacity. 
Upon de nova review of the record, we will sustain the appeal. 
The denial decision was based on a finding that there were evidentiary deficiencies in the record 
with respect to the Beneficiary's placement in each entity's respective organizational structure, and 
with respect to the duties performed by the Beneficiary's subordinate employees. The Petitioner has 
sufficiently addressed these deficiencies by supplementing the record on appeal. 
The record now establishes by a preponde_rance of the evidence that the Beneficiary's role with the 
foreign entity requires her to manage a de·partment of the company, oversee the work of subordinate 
supervisors and professionals, and exercise discretion over the day-to~day operations of her 
department. Further, the Petitioner has established that her role in the United States will require her 
to oversee a staff of subordinate department managers or supervisors and exercise similar 
discretionary authority over the company as a whole, reporting only to the company president. The 
Petitioner has also demonstrated that both the foreign en.tity and the U.S. entity have sufficient staff 
to relieve the Beneficiary from significant involvement in day-to-day operational tasks, such that her 
primary duties have been and would be primarily managerial in nature. Accordingly; we find that 
the Petitioner has established that the Beneficiary has been employed abroad, and would be employed in 
the United States, in a managerial capacity as.defined at section 101(a)_(44)(A) of the Act. · 
Matter of M-P-H-, Inc. 
ORDER: The appeal is sustained. 
Cite as Matter of M-P-H- .. Inc .. ID# 1920817 (AAO Feb. 15, 2019) 
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