sustained L-1A Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →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.
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.