dismissed EB-3 Case: Culinary Arts

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : AUG . 28, 2023 In Re : 28077273 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Professional) 
The Petitioner , a book publisher , seeks to permanently employ the Beneficiary as a chef on private 
yacht s. The company requested her classification under the employment-based , third-preference (EB-
3) immigrant visa category as a professional. See Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(ii), 8 U.S.C. § 1153(b)(3)(A)(ii). U.S. businesses may sponsor noncitizens for 
permanent residence in this category to work in jobs requiring at least bachelor's degrees . 8 C .F.R. 
§ 204.5(1)(3)(i). 
The Acting Director of the Texa s Service Center denied the petition. The Director concluded that the 
petition lacks the following requirements: 
• An application for permanent labor certification; 
• Evidence of the Petitioner' s ability to pay the offered position's proffered wage; and 
• Proof of eligibility for the requested immigrant visa category, including evidence that the 
offered job requires a bachelor's degree and that the Beneficiary has the foreign equivalent of 
a U.S . bachelor ' s degree . 
On appeal, the Petitioner submits additional evidence, indicating that the Beneficiary intended to self­
petition under a different immigrant visa category as a noncitizen of "exceptional ability " requesting 
a "national interest" waiver of that category's job-offer requirement. See section 203(b )(2)(B)(i) of 
the Act. But we must adjudicate the appeal based on the petition as filed. 
We lack appellate jurisdiction over employment-based , immigrant visa petitions without U.S. 
Department of Labor (DOL) certifications under section 212(a)(5)(A)(i) of the Act , 8 U.S .C. 
§ 1182(a)(5)(A)(i) . Dep't of Homeland Sec . Delegation No . 0151.1 (effective Mar. 1, 2003) (quoting 
former 8 C.F.R. § 103. l(f)(3)(iii)(B)). The Petitioner requested the offered position's designation 
under Schedule A , Group II. See 20 C.F.R. § 656 .5(b). DOL has pre-determined under section 
212(a)(5)(A)(i) of the Act that there are insufficient U.S . workers able, willing , qualified , and available 
for the job and that a noncitizen's permanent employment in the job would not harm wages and 
working conditions of U .S. workers similarly employed . See 20 C.F.R . § 656 .5. 
The Petitioner omitted a labor certification application. See 20 C.F.R. § 656.15(a). We therefore lack 
jurisdiction over this appeal. 
ORDER: The appeal is rejected. 
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