sustained L-1A

sustained L-1A Case: Lumber/Furniture Export

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Lumber/Furniture Export

Decision Summary

The Director denied the petition, concluding the record did not establish that the beneficiary would be employed in a managerial or executive capacity, partly due to the petitioner's small staff size. The appeal was sustained because the petitioner established that other employees relieve the beneficiary from non-qualifying tasks, allowing the beneficiary to primarily perform managerial duties and direct the management of both the U.S. and foreign parent companies.

Criteria Discussed

Managerial Or Executive Capacity

Sign up free to download the original PDF

View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-C-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 17, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which exports lumber to its foreign parent company, which manufactures furniture for 
the Petitioner to sell, seeks to continue the Beneficiary's temporary employment as its president under 
the L-lA nonimmigrant classification for intracompany transferees. 1 Immigration and Nationality Act 
(the Act) section 10l(a)(l5)(L), 8 U.S.C. ยง l 10l(a)(l5)(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 California Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner will employ the Beneficiary in the United States in a 
managerial or executive capacity. 
The matter is now before us on appeal. Upon de nova review, we will sustain the appeal. 
The Director's decision emphasized the small size of the Petitioner's staff The Petitioner, however, 
has established that other employees relieve the Beneficiary from having to perform non-qualifying 
tasks. The record shows that the petitioning entity's operations are closely tied with those of its foreign 
parent company, and that the Beneficiary has an active and ongoing role in directing the management 
of both companies. The Petitioner has credibly demonstrated that the Beneficiary primarily performs 
managerial duties and that Beneficiary's work involves more than simply the direct supervision of 
non-professional first-line subordinates. 
ORDER: The appeal is sustained. 
Cite as Matter of T-C-, Inc., ID# 2879004 (AAO Apr. 17, 2019) 
1 The Petitioner previously filed a "new office" petition on the Beneficiary's behalf which was approved for the period 
July 20, 2017, until July 29, 2018. A "new office" is an organization that has been doing business in the United States 
through a parent, branch, affiliate, or subsidiary for less than one year. 8 C.F.R. ยง 214.2(l)(l)(ii)(F). The regulation at 
8 C.F.R. ยง 214.2(1)(3)(v)(C) allows a "new office" operation one year within the date of approval of the petition to support 
an executive or managerial position. 
Using this case in a petition? Let MeritDraft draft the argument →

Use this winning precedent in your petition

MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.

Build Your Winning Petition →

No credit card required. Generate your first petition draft in minutes.