remanded EB-3 Case: Retail Sales And Marketing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-H-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 19, 2019 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a retail jewelry and souvenir store, sought to employ the Beneficiary as a sales and 
marketing manager. It requested classification of the Beneficiary as a professional under the third 
preference immigrant category. Immigration and Nationality Act (the Act) section 203(b )(3)(A)(ii), 
8 U.S.C. § l 153(b)(3)(A)(ii). This employment-based "EB-3" immigrant classification allows a 
U.S. employer to sponsor a professional with a baccalaureate degree for lawful permanent resident 
status. 
The Director of the Vermont Service Center initially approved the petition. The Director of the 
Texas Service Center subsequently revoked 1 the approval on multiple grounds. 
On appeal, we withdrew all of the Director's grounds for revocation, but found that the record at the 
time of approval did not establish that the Beneficiary had the minimum experience required for the 
proffered position under the terms of the labor certification. Accordingly, we remanded the case for 
further proceedings, advising the Director that a new notice of intent to revoke (NOIR) should be 
issued to inform the Petitioner of the insufficiency of the evidence regarding the Beneficiary's 
qualifying experience, and any other grounds for revocation the Director may deem appropriate. 
Instead of issuing a new NOIR, however , the Director issued a notice of intent to deny (NOID). 
After receiving a response from the Beneficiary, 2 the Director denied the petition on the ground that 
1 At any time before a benefici ary obtains lawful permanent residence USCIS 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). 
2 U.S. Citizen ship and Immigration Services (USCIS) regulations do not generally allow a benefici ary 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 1-140 visa petitions are 
treated as affected parties in revoc ation proce edings. Section 204(j) of the Act, 8 U.S.C. § l l 54(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 partie s' under DHS regulations for purposes of revocation proceeding s .. . . " Matter 
of V-S-G- Inc., Adopted Decision 2017-06 at * 1. 
Matter of S-H-
the record did not establish that the Beneficiary met the minimum experience requirement of the 
labor certification as of the petition's priority date. 3 
The Director's actions were procedurally improper. Since the petition was initially approved, there 
was no legal basis to deny the petition. The proper course of action after our remand was to issue 
another NOIR, as we instructed, and if the response to the NOIR was deemed insufficient to 
overcome all grounds for revocation, to issue another decision revoking the petition's approval. 
Due to these procedural errors, we will withdraw the Director's decision and remand the case to the 
Director for further consideration. The Director shall issue a new NOIR, in accordance with the 
instructions in our previous remand, and a new decision based on the response to the NOIR. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
Cite as Matter ofS-H-, ID# 4679712 (AAO July 19, 2019) 
3 The priority date of a petition is the date the underlying labor certification is filed with the Department of Labor. See 
8 C.F.R. § 204.5( d). In this case the priority date is October 22, 2004. 
2