sustained L-1A Case: It Consulting

MATTER OF I-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 24, 2019 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an IT consulting and services business, seeks to extend the Beneficiary's temporary 
employment as vice president - financial services under the L-lA nonimmigrant classification for 
intracompany transferees. Immigration and Nationality Act (the Act) section 101(a)(15)(L), 
8 U.S.C. § 110l(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 of the Texas Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner has a qualifying relationship with the Beneficiary's employer 
abroad, and that the Beneficiary would be employed in a managerial or executive capacity in the United 
States under the extended petition. 
On appeal the Petitioner asserts that the evidence of record establishes its qualifying relationship 
with the foreign entity and that the Beneficiary has been and will continue to be employed in a 
qualifying managerial position in the United States. 
Upon de nova review we will sustain the appeal. 
To establish a qualifying relationship the Petitioner must establish that it is the parent, or a branch, or 
an affiliate, or a subsidiary of the Beneficiary's employer abroad. See 8 C.F.R. § 214.2(l)(ii)(G)(l). 
In finding that the Petitioner did not establish a qualifying relationship with the Beneficiary's 
employer abroad the Director mistakenly stated that the Petitioner was a subsidiary of the foreign 
company. The Director cited an entry on the Petitioner's federal income tax return stating that more 
than 86% of its voting stock was owned by a company in I I and concluded that the record 
did not support the Petitioner's claim to be a subsidiary of the Beneficiary's foreign employer in 
India. However, the Petitioner actually claims to be the parent of the Beneficiary's foreign 
employer, and that relationship is confirmed by the documentation in the record. Thus, the record 
establishes a qualifying relationship between the Petitioner and the Beneficiary's employer abroad. 
We also find that the Petitioner has established by a preponderance of the evidence that the 
Beneficiary will be employed in the United States in a managerial capacity as defmed at section 
101(a)(44)(A) of the Act. The record does not support the Director 's conclusion that non-qualifying 
Matter of 1- Inc. 
tasks will constitute the primary share of the Beneficiary's duties. Rather, the Petitioner describes 
the Beneficiary's role as one in which he is primarily responsible for managing a significant part of 
the company's financial services component, which is one of its three business units. The record 
indicates that the Beneficiary oversees a U.S. team comprising approximately 14 members, 
including seven direct employees. In addition the Beneficiary has oversight responsibilities with 
regard to numerous employees of the foreign entity, who support the financial services component 
managed by the Beneficiary. In short, the Beneficiary has a substantial subordinate infrastructure 
sufficient to relieve him from primarily performing operational tasks. The Petitioner has established, 
therefore, that the Beneficiary's job duties will be primarily managerial in nature. 
The appeal will be sustained because the Petitioner has established that it has a qualifying 
relationship with the Beneficiary's foreign employer and that it will employ the Beneficiary in a 
managerial capacity under the extended petition. 
ORDER: The appeal is sustained. 
Cite as Matter of I-Inc., ID# 4667522 (AAO Sept. 24, 2019) 
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