sustained L-1A Case: Pharmaceutical Manufacturing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-US, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 23, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a pharmaceutical manufacturing business focused onl I health products, seeks to 
continue the Beneficiary's temporary employment as its chief operating officer under the L-lA 
nonimmigrant classification for intracompany transferees. Immigration and Nationality Act (the Act) 
§ 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, as required, that: (1) the Beneficiary was employed abroad in a managerial or executive 
capacity prior to his transfer to the United States; and (2) the Petitioner will employ the Beneficiary in 
the United States in a managerial or executive capacity under the extended petition. 
On appeal, the Petitioner asserts that the Director failed to give due consideration to its evidence and 
did not apply the preponderance of the evidence standard to the facts presented. 
Upon de nova review, we will sustain the appeal. 
We agree with the Petitioner's contention that it met its burden to establish by a preponderance of the 
evidence that the Beneficiary was employed abroad in a managerial capacity as defined at section 
10l(a)(44)(A) of the Act. The Petitioner provided detailed information in response to the request for 
evidence sufficient to demonstrate that the Beneficiary was primarily responsible for managing two 
fully-staffed departments (marketing and operations) of the Petitioner's foreign affiliate, that he 
supervised a staff of professional employees, and that he had the authority to make personnel decisions 
and exercise discretion over the day-to-day operations of these two departments. The Petitioner 
provided sufficient information regarding the roles subordinate to the Beneficiary to demonstrate that 
he was relieved from significant involvement in non-managerial functions. 
With respect to the U.S. assignment, the Petitioner has established that the Beneficiary, as chief 
operating officer for the group's I I health division, will direct business transformation, global 
pricing, and corporate governance activities on a worldwide basis and will be primarily focused on the 
policies and goals of the company in an executive capacity. See section 10l(a)(44)(B) of the Act. The 
Matter of E-US, Inc. 
Petitioner's claim is supported by evidence that the Beneficiary chairs the group's Global Executive 
Pricing Committee and is a member of a number of other executive leadership teams. Further, the 
Petitioner established that the Beneficiary reports only to the company CEO and an executive vice 
president, and is supported by a global pricing team, business transformation team, and cross­
functional project teams who perform the non-executive tasks associated with the operational 
initiatives that are under his direction. 
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. Here, the Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of E-US, Inc., ID# 5056745 (AAO July 23, 2019) 
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