L-1A Sustained — Information Technology (2020): the petitioner established that the beneficiary qualifies

Decision Summary

The appeal was sustained because the petitioner established that the beneficiary qualifies as a 'function manager.' The petitioner provided sufficient evidence, including organizational charts and internal communications, to demonstrate that the beneficiary was employed abroad and would be employed in the U.S. in a senior-level role, managing an essential financial function with discretionary authority, rather than performing the function's daily tasks. The Director's basis for denial, which focused on the beneficiary's lack of hiring and firing authority, was deemed incorrect for a function manager.

Criteria Discussed

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