sustained EB-3 Case: Bookkeeping

U.S. Citizenship 
and Immigration 
Services 
In Re: 22654174 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Skilled Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 29, 2022 
The Petitioner, an electronics store, seeks to employ the Beneficiary as a bookkeeper. It requests 
classification of the Beneficiary as a skilled worker under the third preference immigrant 
classification. Immigration and Nationality Act (the Act) section 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 noncitizen 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, but the Director of the Texas Service Center revoked I the 
approval, concluding that the record did not establish that a bona fide job opportunity existed . On 
appeal, the Petitioner contests the Director's findings, submitting a brief and supporting 
documentation, and requests that the approval of the petition be restored . 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the 
evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in 
this matter de novo. Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015) . Upon de novo 
review, we will sustain the appeal. 
The Petitioner has established by a preponderance of the evidence that the offered position is a bona 
fide job opportunity open to U.S. workers. As the only ground for revocation has been overcome, we 
will withdraw the Director's decision and sustain the appeal. 
ORDER: The appeal is sustained. 
1 Section 205 of the Act, 8 U.S.C. § 1155, provides that USCIS may revoke the approval of a petition "for good and 
sufficient cause." By regulation , USCIS may do so "when the necessity for the revocation comes to the attention of 
[USCIS]." 8 C.F.R. § 205.2(a). USCIS must give the petitioner notice of its intent to revoke the prior approval of the 
petition and the opportunity to submit evidence in opposition before proceeding with written notice of the revocation. 8 
C.F.R. § 205.2(b) and (c).