dismissed EB-3 Case: Thoroughbred Racing

U.S. Citizenship 
and Immigration 
Services 
In Re: 11198674 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for a Skilled Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: WLY 29, 2021 
The Petitioner, a "thoroughbred training racing" business, seeks to employ the Beneficiary as a 
thoroughbred purchasing agent. It requests skilled worker classification for the Beneficiary under the 
third preference immigrant category. See Immigration and Nationality Act (the Act) section 
203(b )(3)(A)(i), 8 U.S.C. § 1153(b )(3)(A)(i). This employment-based "EB -3" immigrant 
classification allows an 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 . 
After initially approving the petition, the Director of the Texas Service Center revoked the petition's 
approval I on multiple grounds . The Director found that the Petitioner and the Beneficiary willfully 
misrepresented a material fact on the labor certification concerning the Beneficiary's experience, and 
based on that finding invalidated the labor certification. The Director also determined that the 
Beneficiary did not meet the minimum experience requirement of the labor certification to qualify for 
the proffered position, and that the Petitioner did not establish that the proffered position was a bona 
fide job opportunity available to U.S. workers. 
The matter is now before us on the Beneficiary's appeal. As stated on the Form I-290B (at Part 7.3.d.): 
"The purpose of this appeal is to refute the Service's allegation of willful fraud or misrepresentation 
by the beneficiary and the petitioner of the 1-140 in question." The Beneficiary does not contest the 
Director's determinations with respect to his qualifying experience or the bona jides of the job 
opportunity. While the Beneficiary indicated at Part 2.1.b. of the Form I-290B that a brief and/or 
additional evidence would be submitted within 30 days , no such materials were submitted within that 
time frame or at any time up to the date of this decision. 
Although normally not the case, under certain circumstances a beneficiary may be considered to be an 
affected party in immigrant petition revocation proceedings. In this case, however, the Beneficiary 
has not met the requisite conditions to be considered an affected party. Accordingly, we will reject 
the appeal as improperly filed . 
1 At any time before a beneficiary obtains lawful permanent residence U.S. Citizenship and Immigration Services may 
revoke a petition's approval for "good and sufficient cause." Section 205 of the Act, 8 U.S.C. § 1155. A petition's 
erroneous approval may in and of itself justify its revocation. Matter of Ho, 19 I&N Dec. 582, 589 (BIA 1988). 
I. WHETHER THE BENEFICIARY IS AN AFFECTED PARTY 
U.S. Citizenship and Immigration Services (USCIS) regulations do not generally allow a beneficiary 
to appeal a petition's revocation. See 8 C.F.R. § 103.3(a)(l)(iii)(B) (stating that a beneficiary is not 
an "affected party" with legal standing in a proceeding). However, certain "portability-eligible" 
beneficiaries of revoked I-140 visa petitions are treated as affected parties in revocation proceedings. 
Section 204(j) of the Act, 8 U.S.C. § l 154(j). See Matter of V-S-G- Inc., Adopted Decision 2017-06 
(AAO Nov. 11, 2017). In that case we held that "[b]eneficiaries of valid employment-based immigrant 
visa petitions who are eligible to change jobs or employers and who have properly requested to do so 
[under section 204(j)], are 'affected parties' under DHS regulations for purposes of revocation 
proceedings .... " Matter of V-S-G- Inc., Adopted Decision 2017-06 at *1. 
Under the portability provision of section 204(j) of the Act, approved petitions may remain valid under 
certain conditions even after eligible beneficiaries change jobs or employers. A beneficiary of a valid 
visa petition, whose application for adjustment of status remains pending for at least 180 days, may 
"port" the petition to a new job if that job is in the same or similar occupational classification as the 
position offered in the petition. See 8 C.F.R. § 245.25(a)(2)(i). In order to be deemed an affected 
party in revocation proceedings, a beneficiary must have submitted to USCIS a proper request to port 
to another employer. As of January 17, 2017, a request to port must be submitted on a Form I-485 
"Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 
204(j)." See USCIS Policy Memorandum PM-602-0152, Guidance on Notice to, and Standing for, 
A C21 Beneficiaries about 1-140 Approvals Being Revoked After Matter of V-S-G- Inc. (Nov. 11, 201 7), 
http://www.uscis.gov/laws/policy-memoranda, at 2; see also 8 C.F.R. § 245.25(a). A beneficiary's 
request to port is "proper" when USCIS has evaluated the request and determined, prior to the issuance 
of a notice of intent to revoke (NOIR) or notice of revocation (NOR), that the beneficiary is indeed 
eligible to port. See USCIS Policy Memorandum PM-602-0152, supra, at 5. Thus, a beneficiary 
becomes an "affected party" with legal standing in a revocation proceeding when USCIS makes a 
favorable determination that the beneficiary is eligible to port. Id. 
In this case, the Beneficiary submitted a Form I-485 Supplement J to USCIS in May 2018, 
approximately one year after the filing of his adjustment of status application, but it did not request to 
port to a new job. Rather, the Beneficiary checked the box at Part 1.1.a. confirming that he intended 
to accept the job offered by the Petitioner when the I-485 application is approved. Since the 
Beneficiary has not requested to port to a different job, he may not be deemed an affected party in the 
revocation proceedings and does not have standing to appeal the Director's revocation decision. 
II. CONCLUSION 
We will reject the appeal because the Beneficiary is not an affected party in the revocation proceedings 
and therefore does not have standing to file the appeal. 
ORDER: The appeal is rejected. 
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