remanded EB-3 Case: Food Service

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 16,2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PET!TlON FOR ALIEN WORKER 
The Petitioner, a former operator of a doughnut shop, sought to employ the Beneficiary as a 
doughnut machine operator. It requested his classification as an "other worker" under the third­
preference, immigrant classification. Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(iii), 8 U.S.C. § 1153(b)(3)(A)(iii). 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 less than two years of training or experience. 
After the petition was initially approved, the Acting Director of the Nebraska Service Center 
revoked the petition's approval. The Director concluded that, as of approval, the Petitioner did not 
establish the bona fides of the job opportunity or the Beneficiary's possession of the minimum 
experience required for the o!Tered position. 
On appeal, the Petitioner submits additional evidence and asserts that the Director did not properly 
notify it of the revocation grounds. Upon de novo review, we will remand this matter to the Director 
for further consideration and the entry of a new decision. 
If supported by the record, U.S. Citizenship and Immigration Services (USCIS) may revoke a 
petition based merely on its erroneous approval. Maller of Ho, 19 l&N Dec. 581, 590 (BIA 1988). 
However, USCIS can only revoke approvals of petitions whose beneficiaries have not yet adjusted to 
lawful permanent resident status or have not gained admissions to the United States as immigrants. 
Indeed, USC IS instructs its officers: 
Do not institute revocation proceedings if the beneficiary has already been adjusted or 
has been admitted to the United States with an immigrant visa. When the petition has 
been used, in effect, it no longer exists and the approval cannot be revoked. 
USC IS, Adjudicator's Field Manual, Ch. 20.3(b)(2), https://www.uscis.gov/ilink/docYiew/AFM/ 
HTMLIAFM/0-0-0-l.html (last visited Feb. 7, 2018). 
Here, USCIS records indicate that the BenCticiary adjusted his status based on the approved petition 
more than a year before the Director revoked the petition's approval. Therefore, we are remanding 
the matter to the Director to address this procedural discrepancy. 
Mauer of C- Corp. 
ORDER: The Director's decision is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Maller ofC- Corp., ID# 1043530 (AAO Mar. 16, 2018) 
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