sustained L-1A Case: Logistics

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-USA, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 18, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR NONIMMIGRANT WORKER 
The Petitioner, an intermediate bulk container leasing and logistics company , seeks to employ the 
Beneficiary as a regional supply chain manager under the L-lA nonimmigrant classification for 
intracompany transferees. Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. 
§ 1101(a)(15)(L). The L-lA classification allows a business to transfer a qualifying foreign employee 
to the United States to temporarily work in a managerial or executive capacity. 
The Director of the California Service Center denied the petition , concluding that the record did not 
establish, as required, that the Beneficiary's U.S. position qualifies as managerial or executive 
position. On appeal, the Petitioner submits additional evidence and asserts that the Beneficiary will 
serve as a function manager in the United States . Upon de nova review, we will sustain the appeal. 
To establish eligibility for the L-lA nonimmigrant visa classification, a qualifying organization must 
have employed the beneficiary "in a capacity that is managerial , executive, or involves specialized 
knowledge," for one continuous year within three years preceding the beneficiary's application for 
admission into the United States. Section 101(a)(l5)(L) of the Act. In addition, the beneficiary must 
seek to enter the United States temporarily to continue rendering his or her services to the same 
employer or a subsidiary or affiliate thereof in a managerial or executive capacity. Id. 
"Managerial capacity" means an assignment within an organization in which the employee primarily 
manages the organization, or a department, subdivision, function, or component of the organization; 
supervises and controls the work of other supervisory , professional , or managerial employees, or 
manages an essential function within the organization , or a department or subdivision of the 
organization; has authority over personnel actions or functions at a senior level within the 
organizational hierarchy or with respect to the function managed; and exercises discretion over the 
day-to-day operations of the activity or function for which the employee has authority. Section 
101(a)(44)(A) of the Act. 
The statutory definition of"managerial capacity" allows for both "personnel managers" and "function 
managers." See sections 101(a)(44)(A)(i) and (ii) of the Act. The term "function manager" applies 
generally when a beneficiary does not supervise or control the work of a subordinate staff but instead 
is primarily responsible for managing an "essential function" within the organization. See section 
Matter of G-USA, Inc. 
10l(a)(44)(A)(ii) of the Act. If a petitioner claims that a beneficiary will manage an essential function, 
it must clearly describe the duties to be performed in managing the essential function. In addition, the 
petitioner must demonstrate that: 
(1) the function is a clearly defined activity; (2) the function is "essential," i.e., core to 
the organization; (3) the beneficiary will primarily manage, as opposed to perform, the 
function; ( 4) the beneficiary will act at a senior level within the organizational hierarchy 
or with respect to the function managed; and ( 5) the beneficiary will exercise discretion 
over the function's day-to-day operations. 
Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017). 
Here, the Petitioner has established by a preponderance of the evidence that the Beneficiary will serve 
as a function manager in the United States. It has meaningfully described his duties as regional supply 
chain manager; it has clearly defined the supply chain operations function that is essential to its global 
operations; it has established that the Beneficiary will primarily manage its supply chain operations in 
North America as opposed to performing the function; it has established that the Beneficiary will act 
at a senior level with respect to the function managed; and it has established that the Beneficiary will 
exercise discretion over the day-to-day operations of its supply chain operations in North America. 
The Petitioner has established by a preponderance of the evidence that the Beneficiary will serve as a 
function manager in the United States. We will therefore sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter of G-USA, Inc., ID# 5845993 (AAO Sept. 18, 2019) 
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