Case Studies

AAO Approves L-1A Visa

AAO Approves L-1A, Says CSC Failed to Consider the Needs of the Organization

On certification from the California Service Center (CSC), the Administrative Appeals Office approved a new office L-1A extension for a function manager, finding that the CSC erroneously focused almost entirely on the size of the U.S. company without considering the reasonable needs of the organization as a whole. The term “function manager” applies generally when a beneficiary does not supervise or control the work of a subordinate staff but instead is primarily responsible for managing an “essential function” within he organization. See section IOI(a)(44)(A)(ii) of the Act, 8 U.S.C. § IIOI(a)(44)(A)(ii).

The Charges:

Administrative Appeals Office approved a new office L-1A extension for a function manager.

The Verdict:

The petitioner established that the beneficiary devoted more than half of his time to managerial duties.

Case Study – L-1B Visa Petition

“Specialized Knowledge” Petition for L-1B Visa

The petitioner is a Taiwan based company that provides direct technical and engineering support to its foreign U.S. based customers. The Director of USCIS denied Petitioner’s L-1B petition on behalf of the beneficiary and concluded that the evidence was insufficient to prove that the Beneficiary possesses “specialized knowledge” as required under 8 C.F.R.§214.2(l)(1)(ii)(D).

The ultimate question is whether the Petitioner has met its burden of demonstrating by a preponderance of the evidence that the beneficiary’s knowledge or expertise is “advanced or special” and that the beneficiary’s position requires such knowledge.

The Charges:

The Director of USCIS denied Petitioner’s L-1B petition and concluded that the evidence was insufficient to prove that the Beneficiary possesses “specialized knowledge”.

The Verdict:

The Administrative Appeals Office sustained Petitioner’s appeal, finding that the beneficiary has advanced knowledge of the foreign employer’s processes and procedures.