sustained L-1A

sustained L-1A Case: Steel Import

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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