dismissed EB-3 Case: Retail Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-L-D- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 23. 2018 
CERTIFICATION OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140. IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner. a grocery store. seeks to employ the Beneficiary as a retail store manager. It requests 
classification of the Bencticiary as a skilled worker under the third preference immigrant 
classification. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i). 8 U.S.C. 
§ 1153(B)(3)(A)(i). 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 at 
least two years of training or experience. 
The Director of the Nebraska Service Center initially approved the petition. Hmvevcr. the initial 
approval of the petition. as the Director later explained. was an inadvertent error that was not 
immediately noticed by U.S. Citizenship and Immigration Services (USC IS). Despite issuing the 
approval notice USCIS proceeded with a series of requests for evidence followed by a decision 
purporting to deny the petition and invalidate the labor certification with a finding of fraud or willful 
misrepresentation of a material fact. The Petitioner appealed that decision. and we remanded the 
case to the Director with an order to resolve the conflict between the previously issued approval 
notice and the denial decision. to issue a new decision. and if the petition was not approved to certify 
the case to us for further review. 
Since the initial approval of the petition had never been revoked. the Director issued a notice of 
intent to revoke. Following receipt of the Petitioner's response. the Director issued another decision 
in which he found that the Petitioner did not establish that the proffered position was a honafide job 
opportunity available to U.S. workers and also found that the Petitioner's owner and the Beneficiary 
willfully misrepresented a material fact in the labor certification application ··· specifically. their 
familial relationship. Accordingly. the Director revoked the approval of the pctition
1 
and invalidated 
1 
After granting a petition. USCIS may revoke the petition's approval ··at any time·· for ·•good and sufficient cause." 
Section 205 of the Act. 8 U.S.C. S 1155. If supported by the record. a director"s realization that a petition was 
erroneously approved may justify revocation. Muller of Hn. 19 I&N Dec. 582. 590 (BIA 1988). Good and sutlicicnt 
cause exists to issue a NOIR where the record at the time of the notice's issuance. if unexplained or unrebutted. would 
have warranted the petition's denial. Maller of' Estimu. 19 I&N Dec. 450. 451 (BIA 1987). Similarly. revocation is 
proper if the record at the time of the decision, including any explanation or rebuttal evidence provided by a rctitioncr. 
warranted a petition's denial. /d. at 452. 
Maller o(S-L-D- Inc. 
the labor certification with a finding of fraud or willful misrepresentation of a material fact. The 
Director certified the case to us for review. 
On certification. the Petitioner submits no additional evidence or arguments. Upon review, we lind 
that the Director's decision is correct because the record does not demonstrate that the profkred 
position was a hona fide job opportunity available to U.S. workers and it also indicates that the 
Petitioner's owner and the Beneficiary willfully misrepresented a material fact in the labor 
certification application. Therefore. we will not disturb the Director's decision dated September 14. 
2017. to revoke the approval of the petition and invalidate the labor certification. 
ORDER: The approval of the decision is revoked. 
Cite as Matter ofS-L-D- Inc .. 10# 992964 (AAO Feb. 23. 20 18) 
2