sustained L-1A

sustained L-1A Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was sustained because the petitioner provided sufficient additional evidence on appeal. This new evidence established that the beneficiary's role with the foreign entity was and his proposed U.S. role would be primarily managerial, as he would manage a component, oversee subordinate professionals, and have discretionary authority, with sufficient staff to relieve him of non-managerial tasks.

Criteria Discussed

Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF G- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 15, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology company with over 80,000 employees worldwide, seeks to 
temporarily employ the Beneficiary as a senior account manager under the L-lA nonimmigrant 
classification for intracompany transferees. See Immigration and Nationality Act (the Act) 
ยง 10l(a)(l5)(L), 8 U.S.C. ยง l 10l(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 current and proposed positions are not managerial. 
Upon de nova review, 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 role as a manager with the foreign entity and the Petitioner, and with 
respect to the duties performed by the Beneficiary's subordinate employees. The decision also states 
that the Petitioner did not establish that the foreign entity and the Petitioner have organizational 
structures sufficient to elevate the Beneficiary to a managerial role. The Petitioner has sufficiently 
addressed these deficiencies by supplementing the record on appeal. 
The record now establishes by a preponderance of the evidence that the Beneficiary's role with the 
foreign entity required him to manage a component of the company, oversee the work of subordinate 
professionals, has authority over the personnel actions, and exercise discretion over the day-to-day 
operations of the component. Further, the Petitioner has established that the Beneficiary's role in the 
United States will require him to oversee a staff of subordinate professionals and exercise similar 
discretionary authority over the component. The Petitioner has also demonstrated that both the foreign 
entity and the U.S. entity have sufficient staff to relieve the Beneficiary from significant involvement 
Matter ofG-LLC 
in day-to-day operational tasks, such that his 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 10l(a)(44)(A) of the Act. 
ORDER: The appeal is sustained. 
Cite as Matter ofG-LLC, ID# 1920817 (AAO Apr. 15, 2019) 
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