dismissed EB-3 Case: Domestic Services

MATTER OF Y-R-R-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 29, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a private individual, sought to employ the Beneficiary as a cook and housekeeper. She 
requested classification of the Beneficiary as an "other worker" under the third preference immigrant 
category. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(iii), 8 U.S.C. 
§ 1153(b)(3)(A)(iii). This employment-based "EB-3" immigrant classification allows a U.S. 
employer to sponsor for lawful permanent resident status a foreign national who is capable of 
performing unskilled labor that requires less than two years of training or experience and is not of a 
temporary or seasonal nature. 
The Director of the Texas Service Center denied the petition on the grounds that the evidence of 
record did not establish the bona fides of the job offer or that the Beneficiary had at least three 
months of qualifying experience, as required by the labor certification. The Director also found that 
the Petitioner had not resolved other evidentiary discrepancies in the record. 
The Petitioner filed an appeal, which we will dismiss as moot. The regulation at 8 C.F.R. § 204.5(c) 
provides that "[a]ny United States employer desiring and intending to employ an alien may file a 
petition for classification of the alien under ... section 203(b )(3) of the Act." Public records show 
that the Petitioner passed away on March 15, 2018. Therefore, the Petitioner can no longer offer 
employment to the Beneficiary and no longer qualifies as a U.S. employer. Accordingly, the appeal 
is moot.1 
ORDER: The appeal is dismissed. 
Cite as Matter ofY-R-R-, ID# 100509 (AAO Aug. 29, 2018) 
1 Even if the petition had been approved, the approval would have been automatically revoked as of the date of approval 
upon the death of the Petitioner. See 8 C.F.R. § 205.l(a)(3)(iii)(B).