Review of several AAO Decisions regarding EB-1c Multinational Executive or Manager cases touching upon topics such as: Successors in Interest, Portability, Who is considered an "Employee", Functional Managers and Qualifying Relationships in Joint Ventures. Many of these same rules would apply in the L-1 Intracompany Transfer Context.
Successor-In-Interest & Portability in the EB-1c Context
Matter of N-Inc., ID# 129916 (AAO Jan. 13, 2017)
Adjudicators Field Manual (AFM) 22.2(b)(5)(D)
Neufeld Memo For Aug. 6 2009
CFR updated affective Jan. 17, 2017, affecting EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
Who is an Employee in the EB-1c/L-1 Context?
Matter of A- Inc., ID# 96181 (AAO Jan.12, 20 17)
Nationwide life. Ins. Co. v. Darden, 503 U.S. 318, 322-323 (1992)
Functional Manager in the EB-1c/L-1 Context
Matter of G- Inc., ID# 96255 (AAO Feb. 17, 2017)
Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)
USCIS Adopted Decision of Matter of Z Link: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/Matter-of_Z-A-Inc_Adopted_Decision-2016-02.pdf
My review of Matter of Z
Joint Ventures in EB-1c/L-1 Context
Matter ofUSAM-W-A-D-M-, Inc., ID# 102803 (AAO Feb. 28, 2017)
Matter of M-A-B-W-, Inc., ID# 97882 (AAO Feb. 14, 2017)
Matter of Hughes, 18 I&N Dec. 289
8 CFR 214.2(l)(1)(ii)(K) Intracompany Transferees/Subsidiary
(K) Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
Synopsis of L-1 AAO Decision Cases