sustained
L-1A
sustained L-1A Case: Steel Import
Decision Summary
The director initially denied the petition for failing to establish that the beneficiary would be employed in a qualifying executive capacity. On appeal, the petitioner submitted additional evidence that successfully demonstrated the beneficiary's proposed role met the legal criteria for an executive capacity, leading the AAO to sustain the appeal.
Criteria Discussed
Executive Capacity
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U.S. Citizenship and Immigration Services MATTER OF T-T-USA, INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 28,2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an importer of stainless steel and specialty steel from China, seeks to extend the Beneficiary's temporary employment as its president and treasurer under the L-1 A nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. ยง 1101(a)(15)(L). The L-1A 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 ;m executive or managerial capacity. The Director, Vermont Service Center, denied the petition. The Director concluded that the Petitioner did not establish that the Beneficiary will be employed in an executive capacity in the United States. The matter is now before us on appeal. In the course of adjudicating the appeal, we issued a request for evidence (RFE). In its appeal and in response to our RFE, the Petitioner submits additional evidence demonstrating that the Beneficiary will be employed in an executive capacity in the United States. Upon de novo review, we will sustain the appeal. After reviewing the entire record of proceeding, including the Petitioner's submissions on appeal, we conclude that the record contains sufficient evidence to overcome the basis for the Director's decision. Specifically, the totality of the evidence now establishes that the Petitioner has satisfied the legal criteria regarding the Beneficiary's employment in an executive capacity with the Petitioner. In visa petition proceedings, the burden of proving eligibility for the benefit sought remains with the petitioner. Section 291 of the Act, 8 U.S.C. ยง 1361. Here, the Petitioner has sustained that burden. ORDER: The appeal is sustained. Cite as Matter ofT-T-USA, Inc., ID# 105432 (AAO Nov. 28, 2016)
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