L1A New Memo – Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)

Matter of Z-A-, Inc.

In a policy memorandum issued April 14 (this month) by the USCIS regarding the Matter of Z-A-, Inc. case, the USCIS directs all USCIS employees to follow the policy guidance established under the case as it relates to defining “managerial capacity.”

The case deals with whether USCIS must consider evidence from a petitioner regarding personnel employed overseas [by another related entity] within the organization who perform tasks for the petitioning entity. The case states that an adjudicating officer must assess all relevant evidence in the record concerning the beneficiary’s position within the wider ‘qualifying organization’ in determining whether the petitioner has satisfied its burden of submitting (probative) evidence to establish the (reasonable) staffing needs of the organization and how those needs are material to whether the beneficiary will act as a manager.

As a result, a petitioner may meet its burden of establishing the beneficiary is serving in a managerial capacity by providing evidence concerning the beneficiary’s role in managing overseas staff as part of its application.

As a result of the Matter of Z-A-, Inc., the USCIS has amended its policy and issued the following Memo:

This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases. Matter of Z-A-, Inc. clarifies that, when determining whether the beneficiary of an L-1A nonimmigrant classification will primarily manage an essential function, USCIS officers must weigh all relevant factors including, as pertinent in the instant case, evidence of the beneficiary’s role within the wider qualifying international organization.

Matter-of_Z-A-Inc_Adopted_Decision-2016-02