sustained L-1A Case: Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 18984810 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (L-lA) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 23, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as the "president" of its new office I 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. § 1101(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 of the California Service Center denied the petition , concluding that the record did not 
establish that the Beneficiary had one continuous year of qualifying employment abroad during the three 
years preceding the filing of the petition and that the Beneficiary had been employed abroad in a 
managerial or executive capacity. The matter is now before us on appeal. The Petitioner bears the 
burden of proof to establish eligibility for the requested benefit by a preponderance of the evidence. 2 
We review the questions in this matter de novo.3 
Upon de nova review , we conclude that the record is sufficient to establish that the Beneficiary was 
employed for one continuous year as an executive for the foreign employer. The record shows that 
the Beneficiary spent more than one-year physically working for the foreign entity within the three 
years of filing the instant petition. 4 The record also includes sufficient evidence to establish that more 
likely than not, the Beneficiary worked for the qualifying foreign entity in an executive capacity. The 
Petitioner's evidence, including additional evidence submitted on appeal is sufficient to overcome the 
Director's determination on these issues . 
1 The term "new office" refers to an organization which has been doing business in the United States for less than one year. 
8 C.F.R. § 214.2(l)(l)(ii)(F). The regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation no more than 
one year within the date of approval of the petition to support an executive or managerial position. 
2 See Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010) . 
3 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015) . 
4 The Beneficiary 's trips to the United States in a non-working , nonimmigrant status neither count towards or against the 
one-year continuous foreign employment requirement. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has met that burden. 
ORDER: The appeal is sustained. 
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