aterim Decision #2110 

MATTER OF LEBLANC 

In Visa Petition Proceedings 

LOS—N-12900 

Decided by Regional Commissioner November 26, 1971 

The statute does not require that the beneficiary of a visa petition to accord 

nonimmigrant classification as an intra-company transferee under section 

101(a) (15) (L) of the Immigration and Nationality Act, as amended, be 

coming to an existing office, branch or other establishment of his employer 

in order that the petition may be approved. While there may be a question 

as to whether or not the petitioning company actually has an established 

and existing affiliate in the United States at this time, where, as the record in the instant case shows, the petitioner has acquired physical premises necessary to its functions here which evidences the bona fides of its 

intended operation in this country, the petition may be approved if otherwise approvable. 

ON BEHALF OF PETITIONER: Paul Gutman, Esquire 

1900 Avenue of the Stars, Suite 1060 

Los Angeles, California 90067 

This case comes before the Regional Commissioner on appeal 

from the decision of the District Director, Los Angeles, who denied the petition on October 7, 1971, stating in pertinent part 

that: "Inasmuch as the services of the beneficiary are requested 

to participate in the organization of the United States branch, 

not yet in existence, it is concluded that the beneficiary does not 

meet the criteria for classification as intra-company transferee 

under section 101(a) (15) (L) of the Act, as amended." 

The petitioner, Thriftmart Ltd., is a corporation organized and 

existing under the laws of the province of Ontario, Canada, since 

1964, intending to conduct its business in the State of California 

under the name of Cosmetiques Herbelle. It intends to promote 

the door-to-door retail sales of cosmetics on credit as it has been 

doing in Canada. The petitioner has submitted a certificate of 

qualification certifying the petitioner, dba Cosmetiques Herbelle, 

as a Canadian corporation qualified to transact intrastate business 

in California. The petition was filed on October 7, 1971, under 
Interim Decision #2110 

section 101 (a) (15) (L) of the Act seeking the services of the beneficiary as an intra-company transferee. 

The beneficiary is a 26-year-old married male, a native and citizen of Canada. The petitioner has stated that beneficiary "has 

unique, peculiar and specialized knowledge and talent in the 

screening, recruiting, contracting with and training of persons to 

participate in a sales program selling cosmetics marketed by petitioner. Mr. LeBlanc has been employed by petitioner for more 

than four years and, in respect of the last year and a half, has 

had full charge of screening, recruiting, contracting with and 

training sales personnel and has supervised sales of our products 

for the entire western Canadian area." 

The petitioner states that the beneficiary is to be employed in 

California for twelve months at $200.00 a week with "override 

commission" and will be hiring and training sales personnel to 

sell cosmetics on credit. 

Section 101 (a) (15) (L) of the Act describes an intra-company 

transferee as follows: 

An alien, who immediately preceding the time of his application for admission into the United States, has been employed continuously for one year by 

a firm or corporation or other legal entity or an affiliate or subsidiary 

thereof and who seeks to enter the United States temporarily in order to 

continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive or involves specialized knowledge.... 

In support of the petition, the petitiorier submitted a statement 

dated September 24, 1971, stating that at the present time there 

were no employees in the proposed Los Angeles affiliate branch 

but that "It is intended that Mr. LeBlanc set up the Los Angeles 

branch office. Currently the address of the petitioner is that of 

petitioner's firm of accountants until such time as a formal 

branch office facility can be established by Mr. LeBlanc. It is intended that the beneficiary will come to the United States to participate in the establishment and commencement of business in 

Los Angeles." 

On appeal, counsel for petitioner concedes that at the time the 

petition was filed there were no employees in the "proposed" Los 

Angeles branch office and that it had been petitioner's intention 

to use the beneficiary "to set up the Los Angeles office." He goes 

on to state that "since that time conditions have changed significantly and materially justifying reconsideration of petitioner's 

petition and of the District Director's decision." 

Counsel now states that the petitioner has leased an office and 

warehouse in Los Angeles and, as evidence, has submitted copy of 

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erim Decision #2110 

'Standard Form Business Property Lease" dated November 8, 

11, and showing the lease to start January 1, 1972, and run for 

'ee years. An addenda to the lease indicates that the petitioner 

Ly have limited access to the premises prior to January 1, 1972, 

on the signing of the lease. Counsel also states that petitioner 

s employed an "American national" resident of California as 

,s California manager in full charge of petitioner's office in the 

iited States and who will supervise the conduct and activities 

the beneficiary." 

Counsel then states that "Petitioner is in the process of establing its inventory of merchandise for marketing and sale in 

ilifornia which merchandise, upon receipt from time to time, 

ill be stored in petitioner's warehouse facilities at the above 

)ted address. As a consequence petitioner can now be deemed to 

an operating branch of petitioner's Canadian based business 

ith physical and managerial facilities and with active, resident 

Lanagement. All that beneficiary will be doing will be the reruiting and training of a sales force to facilitate what has now 

ecome a going business of applicant." 

The statute requires that the beneficiary, immediately precedIg the filing of the petition, had been employed continuously for 

ne year by petitioner and that he seek to enter the United States 

emporarily in order to continue to render his services to the 

ame employer, the petitioner, or a subsidiary or affiliate in a Caiacity that is managerial, executive or involves special knowldge. 

The statute does not require that the beneficiary be coming to 

,n existing office, branch or other establishment of his employer 

n order that the petition may be approved. While there may be a 

[uestion as to whether or not the petitioning company actually 

ias an established and existing affiliate in the United States at 

his time, where, as the record in this case shows, the petitioner 

las acquired physical premises necessary to its functions here 

Nhich evidences the bona fides of its intended operation in this 

:ountry, the petition may be approved if otherwise approvable. 

The record shows that beneficiary had been employed for more 

than a year in Canada by the petitioner in the recruiting, hiring 

and training of sales personnel in door-to-door credit sales techniques which requires and involves specialized knowledge, and 

that he is expected to perform the same services for an affiliate 

branch in the United States. 

On careful review, we find that the beneficiary qualifies as an 

intra-company transferee and is eligible for classification under 
Interim Decision #2110 

section 101(a) (15) (L) of the Act. The appeal will be sustained 

and the petition granted. 

ORDER: It is ordered that the appeal be sustained and the petition granted. 

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