sustained L-1A Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF N- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 21, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development company, seeks to temporarily employ the Beneficiary as vice 
president of development and innovation of its new office1 under the L-lA nonimmigrant 
classification for intracompany transferees. Immigration and Nationality Act (the Act) 
section 10l(a)(15)(L), 8 U.S.C. § 1101(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 has been employed abroad in a managerial or 
executive capacity; and (2) the new office will support a managerial or executive position within one 
year. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erred by disregarding qualifying evidence, and by mischaracterizing other 
materials in the record. 
Upon de nova review, we will sustain the appeal. 
On appeal, the Petitioner demonstrates that it had submitted sufficient information about the duties 
the Beneficiary and his subordinates both abroad and intended for the new office in the United 
States. The Beneficiary's oversight over supervisory and professional subordinates is consistent 
with the statutory definition of managerial capacity at section 101(a)(44)(A) of the Act. The 
Petitioner has shown that, while abroad, the Beneficiary was responsible for a significant portion of 
the foreign entity. With respect to his intended U.S. employment, the Petitioner's business plan and 
employment targets are reasonable with the resources shown to be available. The Director's 
findings about the small initial size of the Petitioner's staff did not take into account foreign workers 
who, although working abroad, would continue to fall under the Beneficiary's chain of authority. 
1 The term "new office" refers to an organization which has been doing business in the United States for less than one 
year. 8 C.F.R. § 214.2(1)(1 )(ii)(F). The regulation at 8 C.F.R. § 2 l 4.2(1)(3)(v)(C) allows a "new office" operation no 
more than one year within the date of approval of the petition to support an executive or managerial position. 
Matter of N- LLC 
The Petitioner has provided sufficient information and evidence to establish the Beneficiary's 
managerial capacity, both in his past employment abroad and in his intended employment in the new 
office in the United States. 
ORDER: The appeal is sustained. 
Cite as Matter ofN-LLC, ID# 1805507 (AAO Nov. 21, 2018) 
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