sustained L-1A

sustained L-1A Case: Pharmaceutical Consulting

📅 Date unknown 👤 Company 📂 Pharmaceutical Consulting

Decision Summary

The Director initially denied the petition, concluding the petitioner had not established that the beneficiary would be employed in a qualifying executive or managerial capacity. Upon a de novo review of additional evidence submitted on appeal, the AAO found that the petitioner did successfully demonstrate the beneficiary's employment would be in an executive capacity, and therefore sustained the appeal.

Criteria Discussed

Employment In An Executive Or Managerial Capacity

View Full Decision Text

MATTER OF MGMI-S- LLC
APPEAL OF VERMONT SERVICE CENTER DECISION
Non-Precedent Decision of the
Administrative Appeals Office
DATE: SEPT. 12, 2016
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a New York limited liability company operating a consulting firm specializing in
records management and decommissioning activities for the pharmaceutical industry, seeks to extend
the Beneficiary's employment as its general manager under the L-1A nonimmigrant classification for
intracompany transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8
U.S.C. § 1101(a)(15)(L). The L-1A classification allows a corporation or other legal entity (including
its affiliate or ~ubsidiary) to transfer a qualifying foreign employee to the United States to work
temporarily in an executive or managerial capacity.
The Director, Vermont Service Center, denied the pet1t10n. The Director concluded that the
Petitioner did not establish that the Beneficiary will be employed in an executive or managerial
capacity under the extended petition.
The matter is now before us on appeal. In its appeal, the Petitioner submits a brief and additional
evidence asserting that the Director erred and that the Beneficiary has been and will be employed in
an executive capacity in the United States.
Upon de novo review, we will sustain the appeal.
After reviewing the entire record of proceeding, including the Petitioner's submissions on appeal, we
conclude that the record contains sufficient evidence to overcome the basis for the Director's
decision. Specifically, the totality of the evidence now establishes that the Petitioner has satisfied
the legal criteria regarding the Beneficiary's employment in an executive capacity with the
Petitioner.
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains with the
petitioner. Section 291 of the Act~ 8 U.S.C. § 1361. Here, the Petitioner has sustained that burden.
ORDER: The appeal is sustained.
Cite as Matter ofMGMI-S- LLC, ID# 18226 (AAO Sept. 12, 2016)

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