sustained L-1A

sustained L-1A Case: It Services

📅 Date unknown 👤 Company 📂 It Services

Decision Summary

The appeal was sustained because the petitioner established by a preponderance of the evidence that the beneficiary would be employed in a primarily managerial capacity. The petitioner provided sufficient detail to show the beneficiary would manage a department, supervise eight subordinate supervisors, have hiring and firing authority, and be relieved from non-managerial, day-to-day functions.

Criteria Discussed

Managerial Capacity

View Full Decision Text

MATTER OF V-IT, INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: JAN. 25, 2019
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, an IT services and support solutions provider, seeks to temporarily employ the
Beneficiary as its call center operations manager under the L-1 A nonimmigrant classification for
intracompany transferees. Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C.
§ l 101(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 ~f the California Service Center denied the petition, concluding that the Petitioner did not
establish, as required, that it would employ the Beneficiary in a managerial or executive capacity. The
matter is now before us on appeal.
Upon de nova review of the record, we will sustain the appeal.
I
The Petitioner has established by a preponderance ·of the evidence that the Beneficiary would be
employed in the United States in a managerial capacity as defined at section 101(a)(4-4)(A) of the
Act. Specifically, the Petitioner established that the Beneficiary will: manage a department of the
company; supervise the work of a staff of eight subordinate supervisors who oversee lower level
employees; have the authority to make hiring, firing, and other personnel decisions; and exercise ·
discretion over the day-to-day operations of the department he manages. The Petitioner explained
the Beneficiary's duties, and the duties of his subordinates, in sufficient detail to establish that he
would be relieved from any significant involvement in the non-managerial, day-to-day functions
carried out within the department. As such, the Petitioner has established that his services would be
primarily managerial in nature. ·
ORDER: The appeal is sustained.
Cite as Matter of V-IT, Inc., ID# 2017857 (AAO Jan. 25, 2.019)

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