sustained L-1A Case: Real Estate Investment

U.S. Citizenship 
and Immigration 
Services 
In Re : 9297241 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (L-lA) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB . 26, 2021 
The Petitioner, a real estate investment , development, and management company, seeks to temporarily 
employ the Beneficiary as its general manager, strategic investment department, under the L-lA 
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 Director of the California Service Center denied the petition , concluding that the record did not 
establish , as required , that the Beneficiary was employed in a managerial or executive capacity abroad 
or would be employed in a managerial or executive capacity in the United States . On appeal , the 
Petitioner asserts that the Director did not review the totality of the record and submits a brief and 
evidence corroborating the Beneficiary 's employment abroad in a managerial capacity and 
establishing that she would be employed in a managerial capacity for the U.S. office. 
Upon de nova review , we conclude that the record is sufficient to establish that the Beneficiary , more 
likely than not, acted in a managerial capacity for the qualifying foreign entity for the requisite time 
period . The record includes a detailed and credible duty description for the Beneficiary 's foreign 
employment indicating that she primarily engaged in qualifying managerial tasks. The record includes 
the foreign entity's organizational chart and supporting documents showing the Beneficiary at a senior 
level within the organization , managing a department within the organization , supervising subordinate 
managers and professionals in investment activities and entrepreneurial businesses. The record also 
includes detailed description s of the direct reports ' job duties which sufficiently establishes the 
managerial and professional nature of their positions. The submitted evidence also sufficiently 
establishes that the Beneficiary possessed the authority to recommend the hiring and firing of these 
subordinates and that she was responsible for other personnel actions with respect to the subordinate 
managers and professionals . Further , the record demonstrates that the Beneficiary pos sessed the 
requisite authority with respect to discretionary decision-making in the foreign employer's equity 
investment department's day-to-day operations and that the Beneficiary 's subordinates and their staff 
relieved her from primarily performing non-qualifying operational level tasks . As such , the evidence 
sufficiently establishes that the Beneficiary was employed in a managerial capacity for the foreign 
entity . Section 101(a)(44)(A) of the Act; 8 C.F.R. § 214 .2(1)(3). 
Similarly, we conclude that the record is sufficient to establish that the Beneficiary, more likely than 
not, will act in a managerial capacity for the petitioning organization. The record shows that the 
Petitioner is part of a multifaceted organization and that the Beneficiary will be part of its intricate 
organizational hierarchy. The record includes a detailed and credible duty description for the 
Beneficiary's U.S. employment indicating that she will primarily perform qualifying managerial tasks. 
The record demonstrates that the Beneficiary will be employed in the most senior position in the 
strategic business development investment department. The record includes sufficient evidence to 
establish that the Beneficiary will manage the department, supervise professionals, and delegate 
investment tasks to professional subordinates within the company's regional offices. The Beneficiary 
will also be tasked with building the department, creating an investment network throughout the 
regional offices, hiring additional professional financial and acquisition analysts, among others, and 
will be responsible for exercising discretionary decision-making over the day-to-day investment 
strategy and operations of the department. 
In sum, the submitted evidence credibly demonstrates that the Beneficiary more likely than not 
devoted a majority of her time to qualifying managerial tasks abroad and will also engage in primarily 
managerial duties for the U.S. entity. The totality of the record demonstrates the Petitioner has 
satisfied the requirements to establish eligibility for this visa classification. 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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