remanded EB-3 Case: Culinary

U.S. Citizenship 
and Immigration 
Services 
In Re : 23094190 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Skilled Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 10, 2022 
The Petitioner seeks to employ the Beneficiary as a churrasqueiro chef. It requests classification of 
the Beneficiary under the third-preference immigrant category as a skilled worker. 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" category allows a U.S. business to sponsor a foreign national for lawful permanent 
resident status based on a job offer requiring at least two years of training or experience. 
The petition was initially approved , but the Director of the Texas Service Center subsequently revoked 
the petition's approval. 1 The Director concluded the Petitioner had not established that the Beneficiary 
qualified for the position at the time of filing. The Director also determined that the Petitioner 
submitted "a fraudulent work experience letter certifying [the Beneficiary's] work history listed on 
ETA Form 9089 (Section H) in order to obtain immigration benefits." The Director dismissed the 
Petitioner's subsequent motion to reconsider solely because it was not accompanied by a statement 
about whether or not the unfavorable decision has been the subject of any judicial proceeding . See 
8 C.F.R. § 103.5(a)(l)(iii)(C). 2 
The Petitioner has the burden to establish eligibility for the requested benefit by a preponderance of 
the evidence. See Section 291 of the Act, 8 U.S.C. § 1361; Matter ofChawathe, 25 l&N Dec. 369, 
375 (AAO 2010). Upon review, we will withdraw the Director's latest decision and remand the matter 
for issuance of a new decision. 
1 Section 205 of the Act , 8 U.S.C. § 1155, provides that the Secretary of Homeland Security may "for good and sufficient 
cause , revoke the approval of any petition ." By regulation this revocation authority is delegated to any USCIS officer who 
is authorized to approve an immigrant visa petition "when the necessity for the revocation comes to the attention of 
[USCIS]. " 8 C.F.R. § 205.2(a). USCIS must give the petitioner notice of its intent to revoke the prior approval of the 
petition and the opportunity to submit evidence in opposition thereto , before proceeding with written notice of revocation. 
See 8 C.F.R. § 205.2(b) and (c). 
2 The required statement on judicial proceedings under 8 C.F.R . § 103.5(a)(l)(iii)(C) is a procedural rule that helps U.S. 
Citizenship and Immigration Services identify those cases involving judicial proceedings so they can be held in abeyance 
pending the outcome of litigation involving the originally filed petition . See, e.g. Memorandum from Richard E. Norton , 
Assoc . Comm'r for Examinations , Immigration and Naturalization Service, Adjudication of Petitions and Application s 
which are in Litigation or Pending Appeal (Feb . 8, 1989) . 
The Director's decision dismissing the motion to reconsider did not properly consider the Petitioner's 
arguments that the Beneficiary meets the experience requirements for the intended classification, that 
the information relating to the Beneficiary's job history was true and correct rather than contradictory, 
that the Director's notice ofrevocation disregarded rebuttal evidence, and that the Director erred as a 
matter of law in concluding that the record supported a finding of fraud or willful misrepresentation 
of a material fact. 
Accordingly, we will withdraw the Director's latest decision and remand the matter for a new decision 
addressing the merits of the Petitioner's motion to reconsider. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
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