sustained
L-1A
sustained L-1A Case: Technology Consulting
Decision Summary
The appeal was sustained because the AAO concluded the Beneficiary would more likely than not act in a managerial capacity. The petitioner provided a detailed duty description showing the Beneficiary would oversee subordinate managers and have personnel authority, such as hiring and firing recommendations, while being relieved of non-qualifying operational tasks.
Criteria Discussed
Managerial Capacity Personnel Manager
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U.S. Citizenship and Immigration Services In Re: 8326626 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 : MAY 21, 2020 The Petitioner, describing itself as a technology consulting firm, seeks to temporarily employ the Beneficiary as "Managing Director- Product Management and Delivery" in the United States under the L-lA nonimrnigrant classification for intracompany transferees . Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. ยง 1101(a)(15)(L). The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Beneficiary would be employed in a managerial or executi ve capacity in the United States. On appeal, the Petitioner asserts that the Beneficiary would qualify as a personnel manager based on his supervision of subordinate managers and professionals . Upon de nova review , we conclude that the record is sufficient to establish that the Beneficiary would more likely than not act in a managerial capacity . First , the Petitioner has submitted a detailed U.S. duty description for the Beneficiary indicating that he would be primarily engaged in qualifying managerial tasks overseeing subordinate managers supervising approximately 25 other information technology employees , such as team leads, quality assurance analysts , senior analysts , senior developers , and other similar subordinates. The submitted evidence also sufficiently establishes that the Beneficiary will likely have the authority to recommend the hiring and firing of these subordinates and that he will be responsible for other personnel actions with respect to his subordinate managers . Further , the record sufficiently demonstrates that the Beneficiary's subordinate managers and their subordinates will likely relieve him from primarily performing non-qualifying operational level tasks. As such, the evidence sufficiently establishes that the Beneficiary will be employed as a personnel manager in the United States. 8 C.F.R. ยง 214.2(1)(1)(ii)(B)(3). The totality of the evidence demonstrates that the Beneficiary will more likely than not 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. ยง 1361. The Petitioner has met that burden. ORDER: The appeal is sustained .
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