sustained L-1A

sustained L-1A Case: Technology Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Technology Management

Decision Summary

The appeal was sustained because the petitioner established that the beneficiary would be employed in a managerial capacity. The evidence demonstrated that the beneficiary would be primarily responsible for managing product development projects, supervising subordinate professionals, and holding authority to make personnel decisions.

Criteria Discussed

Managerial Capacity

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U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-T-(USA), INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 2, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a company engaged in business management services and technology development 
for real estate enterprises, seeks to temporarily employ the Beneficiary as a "Senior Manager, Product 
Development" under the L-lA nonimmigrant classification for intracompany transferees. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. ยง 110l(a)(15)(L). The Lยญ
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 the Beneficiary would be employed in the United States in a managerial 
or executive capacity. 
On appeal, the Petitioner submits additional evidence and asserts that the Director overlooked 
evidence that the Beneficiary will manage professional employees in the United States and abroad. 
After a preliminary review of the appeal, we issued a issued a request for evid~nce (RFE) and have 
incorporated the Petitioner's response into the record. 
Upon de nova review, we will sustain the appeal. 
The Petitioner has demonstrated that the Beneficiary will be primarily responsible for managing 
product development projects for a major client that accounts for more than 20% of the company's 
annual revenue. Further, the record shows that he will exercise authority over the day-to-day 
activities of these projects, supervise and direct the work of subordinate professionals who primarily 
perform the non-managerial technical development work, and hold authority to recommend and 
make personnel decisions impacting his subordinates. As such, the Petitioner has now established 
by a preponderance of the evidence that the Beneficiary will be employed in the United States in a 
managerial capacity as defined at section 101(a)(44)(A) of the Act. 
ORDER: The appeal is sustained. 
Cite as Matter of A-T-(VSA), Inc., ID# 1104358 (AAO July 2, 2018) 
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