sustained L-1A Case: Medical Devices

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF R- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 3, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a company engaged in the development manufacturing, and marketing of devices for the 
treatment of , disorders, seeks to extend the Beneficiary's 
temporary employment as its "Senior Manager, Inside Sales," under the L-lA nonimmigrant 
classification for intracompany transferees. Immigration and Nationality Act (the Act) 
section 10l(a)(l5)(L), 8 U.S.C. § 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 Petitioner did not 
establish, as required, that it would employ the Beneficiary in a managerial or executive capacity in the 
under the extended petition, or that the Beneficiary was employed in a managerial or executive capacity 
abroad prior to his transfer to the United States. 
On appeal, the Petitioner submits additional evidence, contends that the Director applied an overly strict 
interpretation of the relevant law, and asserts that the Beneficiary was employed abroad, and will be 
employed in the United States, in a managerial capacity. 
Upon de nova review of the record, we will sustain the appeal. 
The denial decision was based on a finding that there were evidentiary deficiencies in the record with 
respect to the Beneficiary's placement in each entity's respective organizational structure, and with 
respect to the nature of the function, department or activities the Beneficiary manages. The Petitioner 
has sufficiently addressed these deficiencies by supplementing the record on appeal with a more 
detailed explanation of how the Beneficiary ' s last position abroad, and proposed position in the United 
States, meet the statutory definition of "managerial capacity" at section 10l(a)(44)(A) of the Act. 
The record now establishes by a preponderance of the evidence that the Beneficiary ' s former role as 
the territory manager for Canada required him to manage the marketing and business development 
function for the company ' s products in the region with the support of internal sales and marketing 
departments and teams , and to act at a senior level in the company hierarchy with respect to this 
function. Further, the Petitioner has established that the Beneficiary ' s role in the United States will 
require him to oversee a department with 18 employees , including four subordinate supervisors , with 
Matter of R- Corp. 
authority to recommend hiring and firing decisions and other personnel actions, as well as 
discretionary authority over the day-to-day operations of his department. The Petitioner has also 
demonstrated that the Beneficiary has been and would be relieved from significant involvement in the 
day-to-day operational tasks of the sales, marketing and business development functions under his 
responsibility, such that his primary duties have been and would be primarily managerial in nature. 
Accordingly, we find that the Petitioner has established that the Beneficiary was employed abroad, and 
would be employed in the United States, in a managerial capacity. 
ORDER: The appeal is sustained. 
Cite as Matter ofR-Corp., ID# 2650302 (AAO May 3, 2019) 
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