sustained EB-3 Case: Retail Management

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
LIN 03 201 50066 
PETITION: 
 Immigrant Petition for Alien Worker as a Skilled Worker or Professional Pursuant to Section 
203(b) (3) of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b) (3) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The employment based immigrant visa petition was denied by the Director, Nebraska Service 
Center. The Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter is now before the 
AAO on a motion to reconsider. The motion will be granted as a motion to reopen. The previous decisions of the 
director and the AAO will be withdrawn, and the petition will be approved. 
The petitioner is a convenience store. The petitioner sought to employ the beneficiary permanently in the United 
States as a store manager. As required by statute, the petition was accompanied by an individual labor 
certification approved by the Department of Labor. 
The director determined that the evidence did not establish that the beneficiary had the requisite six months of 
training required by the terms of the labor certification. On April 6,2004, the director denied the petition. 
The AAO dismissed the petitioner's appeal on August 16, 2005.' The AAO reviewed the evidence of the 
beneficiary's training, consisting of a certificate from the Food Service Educational Seminars, Incorporated, 
certification as a Foodservice Manager fkom the Chicago Department of Health, and an employment verification 
letter from in Curacao, but found that each document failed to provide sufficient information from 
which the frequency or duration of training could be determined. The AAO concluded that the evidence failed to 
show that the beneficiary's training represented six or more months of full-time training. 
Counsel submits a motion styled as a "motion to reconsider" accompanied by a new letter from - 
The regulation at 8 C.F.R. tj 103.5(a)(3) provides that a motion to reconsider must offer the reasons for 
reconsideration and be supported by pertinent legal authority showing that the decision was based on an incorrect 
application of law or CIS policy. It must also demonstrate that the decision was incorrect based on the evidence 
contained in the record at the time of the initial decision. A motion to reopen must state the new facts to be 
submitted in the reopened proceeding and be supported by affidavits or other documentary evidence. 8 C.F.R. tj 
103.5(a)(3). 
Although counsel's new letter from refers to an earlier letter provided to the underlying record, it 
more closely resembles the submission of new facts relevant to a motion to reopen rather than constituting a basis 
to conclude that the earlier decisions of the director and AAO were based on an incorrect application of law or 
CIS policy. The AAO will treat counsel's motion as a motion to reopen. 
As noted in the earlier AAO decision, a petitioner must demonstrate that a beneficiary has the necessary 
education and experience specified on the labor certification as of the priority date. The filing date in this 
case is April 26, 2001. See 8 C.F.R. tj 204.5(d); Matter of Wing's Tea House, 16 I&N 158 (Act. Reg. 
Comm. 1977). 
The regulation at 8 C.F.R. $204.5(1)(3) further provides: 
(ii) Other docurnentation- 
' The labor certification contained other requirements related to the applicant's education and work 
experience. The only issue disputed on appeal is whether the beneficiary had acquired six months of training 
pertinent to store management. 
Page 3 
(A) General. 
 Any requirements of training or experience for slulled workers, 
professionals, or other workers must be supported by letters from trainers or employers 
giving the name, address, and title of the trainer or employer, and a description of the 
training received or the experience of the alien. 
(B) Skilled workers. 
 If the petition is for a slulled worker, the petition must be 
accompanied by evidence that the alien meets the educational, training or experience, 
and any other requirements of the individual labor cemfication, meets the requirements 
for Schedule A designation, or meets the requirements for the Labor Market Information 
Pilot Program occupation designation. The minimum requirements for this 
classification are at least two years of training or experience. 
The record contains a letter, dated October 25, 2003, from 1 signed by 
 President. He 
describes the beneficiary's duties during his employment from July 1992 to August 1996 
 es that the 
beneficiary's "first one year of service was coupled with management training pursuant to 
IIIIB corporate 
guidelines, teaching employee policies, as well as introduction to small department management, inventory 
control, employee supervision, procedures for handling employee duties and employee issues, sales promotions, 
inventory control and customer public relation." 
The phrase "coupled with management training" was interpreted in the earlier AAO decision to mean that the 
beneficiary had received some unspecified amount of training during his first year of employment wit 
m 
The AAO rejected former counsel's contention that the training consisted of part-time training or lasted at 
least six months. The AAO continues to find that 
 initial letter is not clear as to what percentage of 
time the beneficiary was receiving management training and does not demonstrate that he obtained six months of 
full-time training. 
On motion, current counsel submits a new letter, dated August 20, 2005, fro 
 He states that he 
intends to clarify his 2003 letter by confirming that the beneficiary's first year of emplo 
 992 through 
June 1993) was devoted to management training in accordance with corporate guideline 
 states that at 
all times during the first year of employment, the beneficiary was considered a trainee and was trained and 
supervised by experienced corporate personnel. 
The AAO finds that the petitioner has met its burden in establishing that the beneficiary acquired six months of 
training as of the priority date and qualifies for the visa classification sought. 
ORDER: 
 The motion to reopen is granted, and the previous decisions of the director and the AAO 
are withdrawn. The petition is approved.