sustained L-1A Case: Machine Tools

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 8, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which is engaged in the sales and distribution of CNC machine tools, seeks to continue 
the Beneficiary's temporary employment as its "Chief Executive Officer - Group" under the L-1 A 
nonimmigrant classification for intracompany transferees. Immigration and Nationality Act (the Act) 
section 10l(a)(l5)(L), 8 U.S.C. § I IOl(a)(l5)(L). The L-IA classification allows a corporation or o.ther 
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 revoked the approval of the petition, 1 concluding that the 
Petitioner did not establish, as required, that the Beneficiary would be employed in the United States in 
a managerial or executive capacity. 
Upon de novo review of the record, we will sustain the appeal. 
The Petitioner has established by a preponderance of the evidence that the Beneficiary will continue 
to be employed in the United States in an executive capacity as defined at section 101(a)(44)(B) of 
the Act. The record demonstrates that the Beneficiary is the CEO for the Petitioner's multinational 
group of companies, which includes chief executive roles for the Petitioner, its parent company, and 
affiliates in several other countries. While he spends most of his time at the group's headquarters in 
Austria, the Petitioner has established that his duties when in the United States are consistent with 
the statutory definition of executive capacity, as he primarily directs the management of the 
company, establishes its goals and policies and oversees their implementation, exercises wide 
latitude in discretionary decision-making, and reports only to shareholders and the board of 
directors, of which serves as chairman. The Petitioner's day-to-day operations are managed by the 
full-time U.S. managerial, professional, and administrative staff and the record reflects that they 
1 The Director issued a notice of intent to revoke the previously approved petiti_on pursuant to 8 C.F.R. § 214.2(1)(9)(iii) 
after an administrative site visit to the Petitioner's location resulted in a finding that the Beneficiary was not on the 
Petitioner's payroll and was working in the Petitioner's office only intennittently, with approximately six short visits to 
the United States annually. We note that the Beneficiary's intennittent employment and retention on the payroll of the 
Petitioner's Austrian parent company were both disclosed by the Petitioner when it filed the petition and neither of these 
facts renders the Beneficiary ineligible for the benefit sought under the statute or regulations. 
Matier of E- Corp. 
relieve the Beneficiary from performing non-executive duties associated with the sales and 
distribution of the parent company's products in the United States. 
ORDER: The appeal is sustained. 
Cite as Matter of E- Corp., ID# 1767328 (AAO Nov. 8, 2018) 
2