sustained L-1A Case: Telecommunications

MATTER OF Q•T•, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 26, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1•129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a wireless telecommunications company, seeks to continue the Beneficiary's temporary 
employment under the L• l A nonimmigrant classification for intracompany transferees. Immigration 
and Nationality Act (the Act) section 101(a)(l5)(L), 8 U.S.C. § l 10l(a)(l5)(L). The L•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 a managerial or executive capacity 
in the United States or that he was employed abroad in a managerial or executive capacity. 
On appeal, the Petitioner contends that the Beneficiary was primarily engaged in managerial 
responsibilities abroad and he will be performing primarily managerial duties in the United States. 
Upon de novo review, we conclude that the record now contains sufficient evidence to overcome the 
Director's denial. The submitted evidence reflects that the Beneficiary will more likely than not 
primarily perform managerial duties under the extended petition. Although the Petitioner submits 
duties and evidence indicating that the Beneficiary would likely perform some non•qualifying 
operational duties, such as those related to software development, it also provided credible 
documentary evidence reflecting that he would be primarily relieved from non•qualifying duties by 
the professional members of the software team he will direct. The Petitioner submits credible 
evidence that the Beneficiary will have discretionary author~ty over his team and its professional 
subordinates. Therefore, the evidence demonstrates that the Beneficiary will more likely than not act 
in a managerial capacity in the United States. 
For similar reasons, we also conclude that the Beneficiary acted in a managerial capacity abroad. 
Similar to the Beneficiary's U.S. employment, the evidence demonstrates that the Beneficiary acted 
as a senior lead engineer directing various teams of professionals assigned to develop technology for 
the foreign employer. Again, although duties and evidence indicate that the Beneficiary performed 
some non•qualifying operational duties abroad specific to software development, it also provided 
credible documentary evidence reflecting that he was primarily relieved from non•qualifying duties 
by the professional members of the software teams he directed. 
Matter of Q-T-, Inc. 
Therefore, the totality of the evidence establishes that the Beneficiary more likely than not acted in a 
managerial capacity abroad and he will act in a managerial capacity in the United States under the 
extended petition. 
ORDER: The appeal is sustained. 
Cite as Matter ofQ-T-, Inc., ID# 1437020 (AAO July 26, 2018) 
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