sustained
L-1A
sustained L-1A Case: Insurance
Decision Summary
The appeal was sustained because the petitioner successfully demonstrated a qualifying corporate relationship with the beneficiary's foreign employer. The AAO found that the submitted documentation was sufficient to prove the U.S. and foreign entities were affiliated through common ownership and control, overcoming the director's reason for denial.
Criteria Discussed
Qualifying Relationship
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MATTER OF M-L-I- CO. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 14, 2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an insurance company, seeks to temporarily employ the Beneficiary as its vice president of operations under the L-1 A nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. ยง 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, Vermont Service Center, denied the petition. The Director concluded that the Petitioner did not establish that it has a qualifying relationship with the Beneficiary's foreign employer. The Petitioner filed a combined motion to reopen and motion to reconsider, and the Director subsequently affirmed the previous denial. ' The matter is now before us on appeal. In its appeal, the Petitioner asserts that it has established with a preponderance of the evidence that it has a qualifying relationship with the Beneficiary's foreign employer. Upon de novo review, we will sustain the appeal. After reviewing the petition and the evidence of record, including materials submitted in support of the appeal, we conclude that the Petitioner has submitted sufficient corporate documentation to substantiate that the Petitioner and the Beneficiary's foreign employer are affiliated through common ownership and control. As such, the Petitioner has established with a preponderance of the evidence that it has a qualifying relationship with the foreign employer. See 8 C.F.R. ยง 214.2(l)(l)(ii)(L). In visa petition proceedings, the burden of proving eligibility !or the benefit sought remains with the petitioner. Section 291 of the Act, 8 U.S.C. ยง 136; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has been met. ORDER: The appeal is sustained. Cite as Matter ofM-L-1- Co., ID# 10333 (AAO Oct. 14, 2016)
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