sustained L-1A Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 15234050 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 9, 2021 
The Petitioner, a global software development and consulting services company, seeks to temporarily 
employ the Beneficiary in the position of "Senior Architect- Manager" in the United States under the L­
IA nonimrnigrant classification for intracompany transferees . Immigration and Nationality Act (the Act) 
section 101(a)(15)(L), 8 U.S.C. § l 101(a)(15)(L). 
The Director of the Texas Service Center denied the petition, concluding the record did not establish, 
as required, that the Beneficiary was employed in a managerial or executive capacity abroad. In 
addition, the Director determined that the Beneficiary would not be employed in a managerial or 
executive capacity in the United States . 
On appeal, the Petitioner asserts that, contrary to the Director's conclusion, the foreign duty 
description submitted for the Beneficiary is comprehensive and sufficiently detailed . The Petitioner 
contends this foreign duty description and provided supporting documentation demonstrates that the 
Beneficiary qualified abroad as a personnel manager of subordinate professionals. The Petitioner 
further asserts that the submitted evidence establishes that the Beneficiary would qualify as a personnel 
manager based on his supervision of professional subordinates in the United States. 
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 abroad. First, the Petitioner has submitted a detailed 
foreign duty description for the Beneficiary indicating he was primarily engaged in qualifying 
managerial tasks in his former position abroad overseeing a component of the foreign employer 
consisting of several subordinate information technology positions requiring bachelor's degrees, 
including a business analyst, a senior consultant, an architect, a "QA consultant," a project manager, 
amongst others . The submitted supporting documentation also sufficiently establishes that the 
Beneficiary had the authority to recommend the hiring and firing of these subordinates and that he was 
responsible for other personnel actions. Further, evidence in the record demonstrates that the 
Beneficiary's subordinate professionals relieved him from primarily performing non-qualifying 
operational level tasks and indicates that he exercised discretion over the day-to-day operations of his 
component. As such, the evidence sufficiently establishes that the Beneficiary was employed as a 
personnel manager abroad. 8 C.F.R . § 214.2(l)(l)(ii)(B)(3). 
The Petitioner has also demonstrated that the Beneficiary would more likely than not be employed as 
a personnel manager in the United States in a role very similar to his former position with the foreign 
employer. Again, the Petitioner submitted a detailed U.S. duty description for the Beneficiary 
indicating that he would be primarily engaged in qualifying managerial tasks overseeing a component 
of consisting of subordinate information technology positions requiring bachelor's degrees, much like 
his former role abroad. The Petitioner also provided substantial supporting documentation reflecting 
the Beneficiary's personnel authority over subordinate information technology professionals, 
including the authority to recommend the hiring and firing of these employees and to perform other 
similar personnel actions with respect to them. Likewise, the submitted evidence indicates that the 
Beneficiary would likely be relieved from performing primarily non-qualifying operational duties by 
his professional subordinates and indicates that he exercised discretion over the day-to-day operations 
of his component. Therefore, the evidence sufficiently establishes that the Beneficiary would be 
employed as a personnel manager in the United States. 
The totality of the evidence demonstrates that the Beneficiary was more likely than not employed in a 
managerial capacity abroad and that he would be employed in a managerial capacity in the United 
States. 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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