sustained
L-1A
sustained L-1A Case: Shipping
Decision Summary
The Director initially denied the petition, finding the record did not establish that the beneficiary would be employed in a managerial or executive capacity. The appeal was sustained because upon review, the AAO found sufficient evidence that the beneficiary would more likely than not be employed in a managerial role, managing an essential function at a senior level and exercising discretion over daily operations.
Criteria Discussed
Managerial Capacity Executive Capacity
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U.S. Citizenship and In1n1igration Services MATTER OF W-B-C-(S-) INC. Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 2, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a dry bulk shipping company, seeks to continue the Beneficiary's temporary employment as its chartering manager under the L-lA nonimmigrant classification for intracompany transferees. 1 See 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 record did not establish, as required, that the Beneficiary would be employed in the United States in a managerial or executive capacity under the extended petition. On appeal, the Petitioner submits additional evidence and asserts that the Director erred in determining that the Petitioner made significant changes to the Beneficiary's duties between the filing of the petition and its response to the Director's request for evidence (RFE). The Petitioner asserts that the Beneficiary's job will be primarily managerial. Upon de nova review, we will sustain the appeal. We find that the Petitioner has submitted sufficient evidence establishing that the Beneficiary would more likely than not be employed in a managerial capacity. Specifically, a review of the record shows that the Beneficiary will primarily allocate his time to managerial duties, that he will manage a specific function that is essential to the Petitioner's organization, and that he acts at a senior level with respect to the function managed and exercises discretion over day-to-day operations ORDER: The appeal is sustained. Cite as Matter ofW-B-C-(S-) Inc., ID# 2609105 (AAO Apr. 2, 2019) 1 The Petitioner previously filed a petition on the Beneficiary's behalf which was approved for the period April 26, 2016, until April 25, 2017.
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