sustained EB-3

sustained EB-3 Case: Marine Transportation

📅 Date unknown 👤 Company 📂 Marine Transportation

Decision Summary

The Director denied the petition, determining the petitioner did not establish that it was the successor-in-interest to the original labor certification employer. Upon review, the AAO found that the record on appeal did establish the petitioner is the successor-in-interest and otherwise eligible, leading to the appeal being sustained.

Criteria Discussed

Successor-In-Interest

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-&C-T- LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 30,2016 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a marine transportation firm, seeks to employ the Beneficiary as a sales executive. It 
requests classification of the Beneficiary as a skilled worker under the third preference immigrant 
classification. See 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 foreign national for lawful permanent resident status to work in a position that requires at 
least 2 years of training or experience. 
The Director, Texas Service Center, denied the petition. The Director determined that the Petitioner 
did not establish that it is the successor-in-interest to the labor certification employer. 
The matter is now before us on appeal. The record on appeal establishes that the Petitioner is the 
successor-in-interest to the labor certification employer, and otherwise establishes eligibility for the 
requested benefit. 
Upon de novo review, we will sustain the appeal. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Brantigan, 11 l&N Dec. 493 
(BIA 1966); Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 20 13). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter ofB-&C-T- LLC, ID# 08725 (AAO Dec. 30, 2016)

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