sustained L-1A Case: Manufacturing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-USA, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 22, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a manufacturer and distributor of thermoplastic elastomer products, seeks to 
temporarily employ the Beneficiary as its North American business manager under the L-1 A 
nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the 
Act) section 10l(a)(l5)(L), 8 U.S.C. § 110l(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 that the Beneficiary was employed abroad in a managerial or executive capacity. Further, 
the Petitioner determined that the Petitioner did not demonstrate that the Beneficiary would be 
employed in a managerial or executive capacity in the United States. 
Upon de novo review, we conclude that the record now contains sufficient evidence to overcome the 
Director's denial. First, the submitted evidence reflects that the Benefici<jry more likely than not 
acts in a managerial capacity abroad overseeing the foreign entity's sales and marketing in Romania 
and Bulgaria. The Petitioner has provided a sufficiently detailed duty description for the Beneficiary 
abroad and supporting evidence indicating that he supervises a sales manager overseeing subordinate 
sales representatives. The record also indicates that the foreign employer is just one of a group of 
affiliated companies working to sell and distribute the foreign parent company's products, and that 
the Beneficiary relies on the support of several operational employees from other foreign entities to 
primarily relieve him from non-qualifying tasks. This foreign organizational structure qualities the 
Beneficiary as a personnel manager based on his supervision of other managers. Section 
10l(a)(44)(A)(iv) of the Act. 
In addition, the Petitioner has provided sufficient evidence to establish that the Beneficiary will be 
employed in a managerial capacity in the United States. The Petitioner has submitted a credible and 
detailed duty description for the Beneficiary indicating that he will more likely than not supervise 
professional employees holding bachelor's degrees required for their positions including a business 
development manager, a plant manager, and a technical sales manager. Further, the Petitioner 
submits substantial supporting evidence indicating that the business development manager oversees 
an extensive network of independent contractors in North America performing sales, warehousing, 
product delivery, and manufacturing plant construction, amongst other operational tasks. This 
Malter of£- USA, Inc. 
organizational structure qualifies the Beneficiary as a personnel manager based on his supervision of 
other supervisors and professionals. Section l Ol(a)(44)(A)(iv) of the Act. The provided evidence 
indicates that the Beneficiary's subordinates and the company's independent contractors will relieve 
him from primarily performing non-qualifying operational tasks and allow him to primarily perform 
managerial duties related to the sale and distribution of the company's products in North America 
and the building of a manufacturing plant in the United States. 
The totality of the evidence establishes that the Beneficiary is more likely than not employed in a 
managerial capacity abroad and that he will be employed in a managerial capacity in the United 
States. 
ORDER: The appeal is sustained. 
Cite as Matter of E-USA, Inc., !D# 1235283 (AAO May 22, 2018) 
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