remanded EB-3 Case: Culinary Arts

(b)(6)
U.S. Citizenship 
and Immigration 
Services 
MATTER OF V-V-C-0-R-I-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 23, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a restaurant, seeks to employ the Beneficiary as a Middle Eastern specialty cook. It 
requests classification of the Beneficiary as a skilled worker under the third preference immigrant 
classification. See Immigration and Nationality Act (the Act) § 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 petition was initially approved on July 18, 2003. On April16, 2014, the Director, Texas Service 
Center, issued a notice of intent to revoke (NOIR) the petition's approval. The Director noted that 
the labor certification required two years of experience in the offered position and stated that the 
Petitioner had not established that the Beneficiary satisfied this requirement. In the NOIR, the 
Director notified the Petitioner that the evidence submitted included "a foreign experience letter that 
contained discrepancies that causes it to be viewed as suspicious." The Petitioner did not respond to 
the NOIR and on April 8, 2015, the Director revoked the approval of the petition. 
The matter is now before us on appeal. On appeal, the Petitioner asserts that it did not receive a 
NOIR and that it is unaware of the reasons for the Director's revocation of the approval of the 
petition. Upon de novo review, we will remand the matter to the Director for further proceedings 
consistent with the following opinion. 
The minimum qualifications required to perform the duties of the offered position are set forth on the 
ETA Form 9089, Application for Permanent Employment Certification (labor certification). The 
record contains a labor certification for the offered position which was approved by the United 
States Department of Labor. The instant labor certification states that the offered position requires 
no formal education and two years of experience as a specialty cook, Middle Eastern style. 
The Beneficiary claimed on the labor certification to have worked as a Middle Eastern cook at 
Egypt, from January 1985 until August 1988. The Petitioner submitted a 
corresponding employment letter from , ·owner of As noted above, 
the Director's NOIR stated that the credibility of the experience letter was in question. However, 
United States Citizenship and Immigration Services (USCIS) records reveal that the NOIR mailed to 
the Petitioner was returned as undeliverable and there is no indication in the record that the NOIR 
(b)(6)
Matter of V- V-C-0-R-1-, INC. 
was furnished to counsel. Furthermore, the NOIR does not sufficiently detail the discrepancies 
noted in the experience letter. 1 
Where a petitioner is unaware and has not been advised of derogatory evidence, revocation of the 
visa petition cannot b_e sustained, even if the petitioner did not make a timely response to the notice 
of intention to revoke. Matter of Arias, 19 I&N Dec. 568, 570 (BIA 1988) and Matter of Estime, 19 
I&N Dec. 450 (BIA 1987). The Director's NOIR does not detail the contradictions in the record and 
does not offer the Petitioner an opportunity to respond to these discrepancies. Therefore, the 
Director's decision is withdrawn. 
In addition, it is unclear whether the Petitioner is still operating. According to the website2 
maintained by the State of Rhode Island and of the Secretary of State, 
it appears that the Petitioner's license to conduct business was revoked on , 2015. If the 
Petitioner is no longer in business, then no bona fide job offer exists, and the petition is therefore 
moot. The approval of the petition would be subject to automatic revocation due to the termination 
of the Petitioner's business. See 8 C.F.R. § 205.1(a)(iii)(D). The Petitioner must submit evidence 
of its continued business operations and bona fide job offer in any further proceedings. 
In view of the foregoing, the previous decision of the Director will be withdrawn. The petition is 
remanded to the Director. The Director may request any additional evidence considered 
pertinent. Similarly, the Petitioner may provide additional evidence within a reasonable period of 
time to be determined by the Director. Upon receipt of all the evidence, the Director will review the 
entire record and enter a new decision. 
ORDER: The decision of the Director, Texas Service Center is withdrawn. The matter is 
remanded to the Director, Texas Service Center for further proceedings consistent 
with the foregoing opinion and for the entry of a new decision. 
Cite as Matter ofV-V-C-0-R-1-, INC, ID# 15764 (AAO Mar. 23, 2016) 
1 The body of the employment letter is typed in English and misspells both and "Egypt." In addition, the 
letter does not provide a telephone number or address for the affiant, as is required of employment letters under 8 C.F.R. 
§ 204.5(g)(l) and (1)(3)(ii)(A). It is not clear whether the company address is included in the company letterhead, since 
the letterhead is in Arabic and is not accompanied by a certified translation. Any document containing foreign la_nguage 
submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as 
complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign 
language into English. 8 C.F.R. § 103.2(b)(3) 
2 http://ucc.state.ri. us/CorpSearch/CorpSearch Input. asp 
2