sustained
EB-3
sustained EB-3 Case: Automotive
Decision Summary
The appeal was sustained because the AAO found that the petitioner's submission was properly signed and that the record established the beneficiary possessed the minimum two years of experience required for the position of purchasing manager. These findings reversed the Director's decision to revoke the petition.
Criteria Discussed
Validity Of Signature On Submission Beneficiary'S Possession Of Minimum Required Experience
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U.S. Citizenship and Immigration Services MATTER OF P-, INC. APPEAL OF TEXAS SERVICE CENTER DECISION Non-l'receden t Decision of the Administrative Appeals Office DATE: MAY 11,2018 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a car dealership, seeks to employ the Beneficiary as a purchasing manager. It requests his classification 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, "EI3-3" category allows a U.S. business to sponsor a foreign national with at least two years of training or experience for lawful permanent resident status. Aller the petition's initial grant, the Director of the Texas Service Center revoked the petition's approval. Finding that the Petitioner did not receive proper notice of the revocation grounds, we withdrew the decision on appeal and remanded the matter, On remand, the Acting Director of the Texas Service Center again revoked the petition's approval. The Director concluded that the Petitioner did not properly sign the submission or establish the Beneficiary's possession of the minimum experience required lor the alTered position. The matter is now before us again on appeal. Upon review of the record, including evidence submitted on appeal, we lind that the signature on the submission was valid. The record also establishes that the Beneficiary, more likely than not, has the required experience. We will therefore withdraw the Director's contrary findings. ORI)ER: The appeal is sustained. Cite as J'vfal/er o(P-. Inc., I D# I 129339 (AAO May 1 1, 20 18)
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