sustained L-1A Case: Software Development

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF 1- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 13,2018 
APPEAL OF CALIF ORNIA SERVICE CENT ER DECISION 
PETITION: FORM I-129 , PETITION FOR A NONIMMIGRANT WORKER 
The Petiti oner, a software development and services company, seeks to continue the Beneficiary's 
tempor ary employm ent as a consultant under the L-1 A nonimmigrant classification for intracompany 
transf erees. See Immigrati on and Nat ionalit y Act (the Act) section I 0 I (a)(I 5)(L), 8 U .S.C. 
§ II 0 I (a)(I 5)(L). The L-1 A classification allows a corporatio n o r other legal .entity (including its 
atliliate or subsidiary) to transfer a qualifying foreign employee to the United States to work 
temporar ily in a managerial or executive 
capacity. 
The Dire ctor of the Calitorni a Service Center app rove d the petition, but later revoked the app roval 
following the issuance of a notice of intent to revoke (NOIR). The Director determined that the 
Petitioner did not sub mit suflicient evidence to estab lish that the Beneficiary, whose speci tic 
assignment changed subsequent to the approval of the petition , would be emp loyed in a managerial 
capacity. On appeal, the Petitioner sub mit s a brief and additional evidence. 
Upon de novo review, we conclude that the record now contains suffic ient evidence to overcome the 
grounds for revocation. The appeal will be sustained. 
The Director issued a notice of intent to revoke afte r a U.S. Citizenship and Imm igration Services 
(USCIS) oflicer conducted an administrative site visit and reporte d that neither the Beneliciary nor 
his subordinates appea red to be working at the Cali fornia location listed on the Form 1-129, 
Petition for a Nonimmigrant Worker. In response to the Director 's notice , the Petiti oner provided 
additional evidence that it rents and occupies the office, explained that it re-assigned the 
Beneficia ry to a different project subsequent to the approval of this petition, and provided updated 
detail s regarding his duti es, his subor dinat es, and his work location. 
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The Director ultimately 
revoked the approva l based on a finding that the Petitioner did not submit sutlicient evidence 
regarding the Beneficiar y's new subo rdinate staff, suc h as: evidence that they are emp loyed by the 
petitioning organization, evidence of their educational credentials , and evidence in suppo rt of its 
claim that the Beneficiary would continue to manage professiona l subord inates and per form 
primarily managerial duties. 
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The Petitioner also provided evidence that it filed an amended L-1 A petition with USC IS to renect the changes in the 
Beneficiary's assignment. The California Service Center approved that petition in July 2017. 
Matter olf- Cmp. 
The Petitioner has supplemented the record on appeal with evidence of each subordinate's 
educational credentials and has corroborated its claim that the Beneficiary continues to manage 
subordinate professionals. The Petitioner also provides evidence that the Beneficiary's direct reports 
are all employees of the Petitioner or its foreign subsidiary, as well as evidence of the Beneficiary's 
supervision of these personnel. 
The totality of the evidence now establishes that the Beneficiary will be employed in a managerial 
capacity under the extended petition. 
ORDER: The appeal is sustained. 
Cite as Matter olf- Corp .. ID# 1157217 (AAO Apr. 13, 2018) 
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