sustained L-1A Case: Restaurant

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-M- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 24, 2018 
PETlTION: FORM l-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a company operating a restaurant, seeks to temporarily employ the Beneliciary as its 
director under the L-1 A nonimmigrant classilication for intracompany transferees. See Immigration 
and Nationality Act (the Act) section IOI(a)(IS)(L), 8 U.S.C. § IIOI(a)(IS)(L). The L-IA 
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 Vermont Service Center denied the petition, concluding that the record did not 
establish that the Beneficiary would be employed in a managerial or executive capacity. Further, the 
Petitioner detennined that the Petitioner did not demonstrate that the Beneliciary had been employed 
abroad by a qualifying entity for one continuous year in the three years prior to the time of tiling. 
Upon de novo review, we conclude that the record now contains suflicient evidence to overcome the 
Director's denial. First, 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 and substantial supporting 
evidence indicating that she will supervise a general manager and other subordinate supervisors with 
subordinates of their own. This organizational structure qualilies the Beneficiary as a personnel 
manager based on her supervision of other managers and supervisors. Section IOI(a)(44)(A)(iv) of 
the Act. The provided evidence indicates that the Beneficiary's subordinates will relieve her from 
primarily performing non-qualifying operational tasks and allow her to primarily perform 
managerial duties. 
In addition, the Petitioner submits additional evidence on appeal, including pay stubs, substantiating 
that she was employed for the required one continuous year abroad in the three years preceding the 
tiling of the petition. As such, the Petitioner has also overcome this ground for denial. 
The totality of the evidence establishes that that the Beneficiary will more likely than be employed in 
a managerial or executive capacity and that she was employed abroad with the foreign employer for 
one continuous year out of the three years preceding the liling of the petition. 
Mauer ofG-M- LLC 
ORDER: The appeal is sustained. 
Cite as Malter of'G-M- LLC, ID# I 041520 (AAO Apr. 24, 2018) 
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