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. 1, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a former owner and operator of a doughnut shop, sought to employ the Beneficiary as 
a doughnut maker. It requested his classification as an "other worker" under the third-preference, 
immigrant category. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(iii), 8 U.S.C. 
§ 1153(b)(3)(A)(iii). This category allows a U.S. business to sponsor a foreign national for lawful 
permanent resident status as an unskilled worker. 
After the filing's initial grant, the Acting Director of the Nebraska Service Center revoked the 
petition's approval and denied the Petitioner's following motions to reopen and reconsider. The 
Director concluded that the Petitioner did not establish the bona .fides of the job opportunity, and 
thus the validity of the accompanying certification from the U.S. Department of Labor. 
On appeal, the Petitioner submits additional evidence and states that, before the decision, the 
Director did not notify it of the alleged revocation grounds. The Petitioner also contends that the 
Director disregarded evidence of the position's availability to U.S. workers. 
Notwithstanding automatic revocation, U.S. Citizenship and Immigration Services (USCIS) may not 
revoke a petition's approval without notifying a petitioner of the alleged grounds and affording it an 
opportunity to respond. 8 C.F.R. § 205.2(b) (providing that "[r]evocation of the approval of a 
petition ... under ... this section will be made only on notice to the petitioner"). On appeal, counsel 
states that neither he nor the Petitioner received a notice of intent to revoke (NOIR) the petition. The 
file contains a copy of an NOIR addressed to the Petitioner in care of counsel, but neither the file nor 
USCIS electronic records indicate the notice's mailing. A preponderance of evidence therefore 
indicates that, before revoking the petition's approval, USCIS did not notify the Petitioner of the 
alleged grounds or give it an opportunity to respond. 
On remand, the Director should mail the Petitioner an NOIR and provide it with a reasonable 
opportunity to respond to the notice. Upon receipt of a timely response, the Director should review 
the entire record and enter a new decision. 
Matter of C- Corp. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Matter of'C- Corp., ID# 1066978 (AAO Mar. I, 2018) 
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