L-1A Sustained — Information Technology (2023): the AAO found that the Beneficiary would be employed in a

Decision Summary

The appeal was sustained because the AAO found that the Beneficiary would be employed in a managerial capacity as a function manager. The Director's denial was based on the function not being essential and the lack of U.S.-based subordinate staff. The AAO concluded that the immigration and shared services function was essential to the IT consulting business and that the Beneficiary's existing foreign-based team provided sufficient support to ensure their duties would be primarily managerial.

Criteria Discussed

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