sustained L-1A

sustained L-1A Case: Television Production

📅 Date unknown 👤 Company 📂 Television Production

Decision Summary

The appeal was sustained because the petitioner established that the beneficiary was employed abroad and would be employed in the U.S. in a qualifying managerial capacity. The evidence demonstrated the beneficiary's authority to hire/fire, her supervision of professional employees, and her delegation of routine operational activities, refuting the Director's finding that her role was not primarily managerial.

Criteria Discussed

Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF A-M- INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: APR. 30,2018
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER
'
The Petitioner, a television production and artist management company, seeks to temporarily employ
the Beneficiary as its managing director under the L-1 A nonimmigrant classification for intracompany
transferees. See Immigration and Nationality Act ·(the Act) section 1 Ol(a)(l5)(L), 8 U.S.C.
§ 1101(a)(l5)(L). The L-IA 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 Petitioner did not
establish, as required, that the Beneficiary has been employed abroad, or would be employed in the
United States, in a managerial or executive capacity.
Upon de novo review of the record, we will sustain the appeal.
The Petitioner has established by a preponderance of the evidence that the Beneficiary has been
employed abroad, and will be employed in the United States in a managerial capacity as defined at
section 101(a)(44)(A) of the Act. The record does not support the Director's finding that the
Beneficiary's role primarily involves supervising non-professional employees and performing
"routine operational activities." The Petitioner has demonstrated the Beneficiary's authority to hire
and tire employees, her supervision of professional employees, and her delegation of routine
operational activities to her subordinates. Moreover, the evidence is sufficient to establish that the
Beneficiary, as managing director, has been and would be primarily performing higher-level duties
consistent with managing the organization as a whole and exercising discretion over its day-to-day
operations.
ORDER: The appeal is sustained.
Cite as A-fatter of A-M-Inc .. ID# 1214159 (AAO Apr. 30, 2018)

Using this case in a petition? Let MeritDraft draft the argument →

Use this winning precedent in your petition

MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.

Build Your Winning Petition →

No credit card required. Generate your first petition draft in minutes.