Oct 2

AAO Approves L-1A Visa

AAO Approves L-1A Visa

The Charges

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 Verdict

The record establishes that, “the beneficiary has been given significant discretion in decision-making and that he is clearly a member of the senior management team working closely with the parent company’s executives in determining the direction of the business in the United States and the Americas.

While the beneficiary is required to apply his business expertise in carrying out his job duties and performs some operational or administrative tasks, the petitioner has established by a preponderance of the evidence that the majority of the day-to-day managerial tasks associated with the function he manages are performed by his staff of ten direct and indirect subordinates and by external service providers. (Matter of Chawathe, 25 I&N Dec. 369376 (AAO 2010). As the statutory definition discusses managerial capacity as function of the duties that the beneficiary “primarily” performs, the petitioner need only establish that the beneficiary devoted more than half of his time to managerial duties. The petitioner has met that burden.

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