BlueStar Cabinets v. Jaddou

Case: 21-10116 Document: 00516479511 Page: 1 Date Filed: 09/21/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 21, 2022 No. 21-10116 Lyle W. Cayce Clerk BlueStar Cabinets, Incorporated, Plaintiff—Appellant, versus Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services; Donna Campagnolo, Director of California Service Center, Defendants—Appellees. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CV-840 Before Richman, Chief Judge, and Clement and Duncan, Circuit Judges. Per Curiam:* BlueStar Cabinets (BlueStar) appeals an order of the district court granting summary judgment in favor of the United States Citizenship and Immigration Services (USCIS). The district court found that USCIS was * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-10116 Document: 00516479511 Page: 2 Date Filed: 09/21/2022 No. 21-10116 not arbitrary or capricious in denying BlueStar’s L-1A visa petition for its CEO, Jigneshkumar Lodaliya. Because USCIS’s findings were supported by the evidence in the record, and the agency articulated a rational basis for its decision, we affirm. I The Immigration and Nationality Act (INA) provides for entry into the United States for classes of nonimmigrants who seek to live and work in the country temporarily. 1 One such means of entry is the L-1 visa. The L-1 visa allows foreign companies to transfer certain employees to their U.S. offices or to offices of their U.S.-based affiliates for up to seven years. 2 Congress established the L-1 visa to “facilitate the temporary admission into the United States of executive, managerial, and specialist personnel of international organizations.” 3 There are two varieties of L-1 visa: L-1A and L-1B. L-1A visas are available only to intracompany transferees in managerial or executive roles as defined by the INA. 4 An executive “primarily . . . [d]irects the management of the organization . . . [e]stablishes the goals and policies of the organization . . . [e]xercises wide latitude in discretionary decision-making; and [r]eceives only general supervision or 1 See 8 U.S.C. § 1101(a)(15) (excepting certain classes of individuals from the term “immigrant”). 2 8 U.S.C. § 1101(a)(15)(L); 8 U.S.C. § 1184(c)(2)(D)(i). 3 Nat’l Hand Tool Corp. v. Pasquarell, 889 F.2d 1472, 1475-76 (5th Cir. 1989) (citing 116 Cong. Rec. 5730 (1970)). 4 8 U.S.C. § 1101(a)(15)(L); 8 C.F.R. § 214.2(l)(1)(i); see Brazil Quality Stones, Inc. v. Chertoff, 531 F.3d 1063, 1066 (9th Cir. 2008) (discussing the subdivision and nomenclature). 2 Case: 21-10116 Document: 00516479511 Page: 3 Date Filed: 09/21/2022 No. 21-10116 direction from higher level executives . . . .” 5 L-1B visas, not applicable here, are available to some specialized employees. Mr. Lodaliya is the CEO of Krishna Textile, an Indian company. BlueStar is a U.S. affiliate of Krishna Textile that as of the time of filing had just incorporated in Texas. Lodaliya is to assume the role of CEO …

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