dismissed EB-3 Case: Manufacturing

U.S. Citizenship 
and Immigration 
Services 
In Re : 25679465 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Other Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 12, 2023 
The Petitioner, describing itself as a manufacturer of zinc plating and electro-coated paint, seeks to 
employ the Beneficiary as a factory worker. It requests classification of the Beneficiary as an "other 
worker" under the third preference immigrant classification . Immigration and Nationality Act (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 a noncitizen for lawful permanent resident status to 
work in a position 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 acknowledged 
the receipt of the Petitioner 's request to withdraw the petition and terminated the petition. The matter 
is now before us on appeal. 
The applicable regulations state that a petitioner may withdraw a benefit request at any time until a 
decision is issued by U .S. Citizenship and Immigration Services (USCIS) , but that such a withdrawal 
may not be retracted. 8 C.F.R. § 103.2(b)(6). In this matter, the Director interpreted the Petitioner's 
written communication as an intent to withdraw the petition and the regulation prohibits a retraction. 
Id. The Petitioner claims on appeal that it did not request the withdrawal of the petition and asserts 
that the Director erroneously terminated the processing of the petition. 
While we acknowledge the Petitioner's claims, the Director's written acknowledgement of the 
Petitioner's withdrawal request is not a denial or other decision on the merits of the case, and, unlike 
an unfavorable decision, is not appealable under 8 C.F.R. § 103.3(a)(l)(ii) . Further, the regulation at 
8 C.F .R. § 103 .2(b )( 15) states that "USCIS acknowledgement of a withdrawal may not be appealed." 
Since we do not have jurisdiction in this matter, the appeal must be rejected as improperly filed. 
Further, even if the Director's acknowledgement of the Petitioner's withdrawal request could be 
considered an appealable decision under 8 C.F.R. § 103.3(a)(l)(ii), the Petitioner did not timely file its 
Form I-290B, Notice of Appeal or Motion. An appeal of an unfavorable decision must be filed within 
33 calendar days of the date it was mailed . 8 C.F.R. §§ 103.3(a)(2)(i) and 103.8(b). Because of 
flexibilities implemented due to the COVID-19 pandemic, we may consider a Form I-290B filed within 
63 calendar days of an unfavorable decision issued between March 1, 2020, and October 31, 2021. 
The Director's written acknowledgement of the withdrawal request was mailed to the Petitioner on 
April 19, 2021, and the Form 1-290B was received at the designated filing location 553 days later, on 
October 24, 2022. Therefore, the regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(]) requires the rejection 
of an untimely appeal as improperly filed. 
ORDER: The appeal is rejected. 
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