sustained L-1A Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF I-USA LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 15, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which provides infom1ation technology (IT) services, seeks to temporarily employ the 
Beneficiary as its manager and director of U.S. operations under the L~ 1 A non immigrant classification 
for intracompany transferees. Immigration and Nationality Act (the Act) section 101(a)(15)(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. 
The Director of the California Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner would employ the Beneficiary in the United States in a 
managerial or executive capacity.' · 
The matter is now before us on appeal. On appeal, the Petitioner asserts that the Director erred by 
misstating facts in the record and by imposing requirements not found in the statute and regulations. 
Upon de novo review, we will sustain the appeal. 
The denial of the petition rested, in large part, on the absence of subordinate employees in the United 
States to relieve the Beneficiary from performing operational tasks. The record, however, ·credibly 
indicates that the Beneficiary primarily exercises managerial authority over professionals and their 
managers at an affiliate in Mexico. (The record does not strongly support the Petitioner's parallel 
claim that the Beneficiary will also serve in an executive capacity, but this additional claim is not 
necessary to establish eligibility for the benefit sought.) 
ORDER: The appeal is sustained. 
Cite as Matter off-USA LLC, ID# 2193484 (AAO Feb. 15, 2019) 
1 We note that the Petitioner requests continuation, rathenhan extension, of L-1 A status which the Beneficiary had 
previously held from 2013 to 2018, because the Beneficiary was outside the United States when the Petitioner filed the 
latest petition. See 8 C.F.R. § 214',2(1)( 15)(i).