sustained L-1A Case: Textiles

MATTER OF S-A-, INC. · 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 19, 2018 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a wholesaler of yam-dyed fabric and shirts, seeks to temporarily employ the 
Beneficiary as its managing director under the L-1 A nonimmigrant classification for intracompany 
transferees. immigration and Nationality Act (the Act) section 101 (a)(l 5)(L), 8 U.S.C. 
§ I IO 1 (a)( 15)(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 Vermont Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary: ( 1) has been employed by a qualifying entity abroad for 
at least one year in the three years preceding the filing of the petition; (2) has been employed abroad 
in a managerial or executive capacity; (3) will be employed in the United States in a managerial or 
executive capacity; and (4) is qualified to perform the intended services in the United States based 
on his prior education, training, and employment. 
On appeal, the Petitioner contends that the Director overlooked evidence and made both factual and 
legal errors in denying the petition. The Petitioner asserts that the Beneficiary has been directing a 
major function or component of the parent organization in a managerial or executive capacity and 
would be employed in a similar capacity in the United States. 
Upon de nova review, we will sustain the appeal. 
The record demonstrates that the Beneficiary has more than one year of employment abroad with the 
Petitioner's foreign parent company, and that he is well-qualified to perform the intended services in 
the United States based on his educational and employment background, which includes 17 years of 
experience with the Petitioner's multinational organization. Further, the Petitioner has established 
that the Beneficiary has been employed abroad, and will be employed in the United States, in an 
executive capacity as defined at section 101(a)(44)(B) of the Act. 
Specifically, the Petitioner established that the Beneficiary has been and will be responsible for 
directing sales and market development for the group's textile products in North America, an 
essential function of the organization. The record further demonstrates that the Beneficiary's duties 
have been and would be primarily executive in nature, that he establishes the goals, policies and 
Matter of S-A-, Inc. 
objectives for the North American market, exercises wide latitude in discretionary decision-making, 
and reports to the parent company's chief executive and board of directors. Finally, the record 
establishes that subordinate operational and administrative staff in the U.S. and abroad will carry out 
the majority of the non-executive tasks associated with the sales and market development function in 
North America. 
ORDER: The appeal is sustained. 
Cite as Matter ofS-A- Inc., ID# 1472472 (AAO Oct. 19, 2018) 
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