sustained L-1A

sustained L-1A Case: Insurance

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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