sustained
L-1A
sustained L-1A Case: Information Technology
Decision Summary
The appeal was sustained because the AAO found that the Director's analysis was flawed, as it overlooked previously submitted evidence and did not consider support from subcontractors and foreign staff. The petitioner provided sufficient supplemental evidence to establish that the beneficiary would be primarily performing executive job duties, overcoming the initial grounds for denial.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Citizenship and Immigration Services MATTER OF J-M-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 11, 2019 APPEAL OF CALIFORNIA SER VICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a company that customizes mobile applications for enterprise solutions, seeks to employ the Beneficiary temporarily as its chief financial officer under the L-lA nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(L), 8 U.S.C. § 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 Petitioner did not establish, as required, that the Beneficiary's proposed position in the United States will be in a managerial or executive capacity. On appeal, the Petitioner provides additional information about the Beneficiary's position and job duties. The Petitioner also points to errors in the Director's analysis, stating that the Director overlooked previously submitted evidence about the proposed position and did not consider that the Beneficiary would be supported by U.S.-based subcontractors and staff from the foreign affiliate. Upon de nova review, we find that the Petitioner has correctly pointed to errors in the Director's analysis, which does not adequately consider the Petitioner's claims and supporting evidence. We also find that the Director incorrectly applied the statutory definition of managerial capacity to the Beneficiary's subordinate employee. The Petitioner has supplemented the record with sufficient evidence that establishes that the Beneficiary would more likely than not be primarily performing executive job duties. In sum, we find that the Petitioner has overcome the grounds for denial. Therefore, we will sustain the appeal. ORDER: The appeal is sustained. Cite as Matter of J-M-, Inc., ID# 3012315 (AAO Apr. 11, 2019)
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