dismissed EB-3 Case: Food Service

U.S. Citizenship 
and Immigration 
Services 
MATTER OF D-A-K- LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 20,2017 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a convenience store, seeks to employ the Beneficiary as a prep cook. It requests 
classification of the Beneficiary as an unskilled worker under the third preference immigrant 
classification. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(iii), 8 U.S.C. 
§ 1152(b)(3)(A)(iii). This employment-based immigrant classification allows a U.S. employer to 
sponsor a foreign national for lawful permanent resident status to work in a position that requires 
less than 2 years of training or experience. 
The Director of the Texas Service Center denied the visa petition, concluding that the record did not 
establish that the Petitioner had the ability to pay the Beneficiary the proffered wage from the visa 
petition's priority date onward. The matter is now before us on appeal. Upon de novo review, we 
will summarily dismiss the appeal as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3). 
Following our initial review of the record, we issued a notice of intent to dismiss (NOlO) to the 
Petitioner. The NOlO informed the Petitioner that a review of U.S. Citizenship and Immigration 
Services records and publicly available information indicated that its president was the uncle of the 
Beneficiary in this matter, and that it did not appear that the Petitioner acknowledged this familial 
relationship during the labor certification process. Finding that the omission of such information 
would have prevented the U.S. Department of Labor from assessing the extent' of the Beneficiary's 
influence and control over the job opportunity, we informed the Petitioner that we did not find the 
record to establish the offered position as a bona .fide job opportunity. We further advised the 
Petitioner that intentional concealment of the family relationship between its president and the 
Beneficiary during the labor certification process would be considered the willful misrepresentation 
of a material fact under section 212(a)(6)(C)(i) of the Act and might result in the invalidation of the 
labor certification. 20 C.F.R. § 656.30(d). 
The NOID allowed the Petitioner 33 days in which to respond. We informed the Petitioner that if it 
did not respond to the NOID, we may dismiss the· appeal. As of the date of this decision, the 
Petitioner has not responded. As such, the appeal will be summarily dismissed as abandoned. 
Matter of D-A-K- LLC 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3). 
Matter ofD-A-K- LLC, ID# 80122 (AAO Mar. 20, 2017) 
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