sustained EB-3 Case: Culinary

" 
Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF C-C- DATE; DEC. 12, 2016 
APPEAL OF TEXAS SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a restaurant business, seeks to employ the Beneficiary permanently in the United States 
as a cook. It requests classification of the Beneficiary as a skilled worker under the third of the 
employment-based immigrant visa preferences. See Immigration and Nat~Qnality Act (the Act), 
section 203(b)(3)(A)(i), 8 U.S.C. § 1153(b)(3)(A)(i). This immigrant classification allows a U.S. 
employer to sponsor a foreign national for lawful permanent resident status to work in a position that 
requires at least two years of training or experience. 
The Director, Texas Service Center, revoked the approval of the petition on February 17, 2011, 
finding that the record did not establish the Beneficiary's qualifications for the offered position or 
the Petitioner's ability to pay the Beneficiary the proffered wage. The Director also entered a 
finding of fraud against the Beneficiary. 
The Petitioner appealed the Director's decision. Upon de novo review of the record on appeal, in 
our decision, we withdrew the Director's fraud finding, but affirmed his revocation of the visa 
petition and dismissed the appeal. We now reopen the matter sua sponte. 
Based on further review, we will withdraw our prior decision and sustain the appeal. The petition 
will be approved. 
ORDER: The appeal is sustained. 
Cite as Matter ofC-C-, ID# 230906 (AAO Dec. 12, 2016)