remanded EB-1A Case: Industrial Design

U.S. Citizenship 
and Immigration 
Services 
In Re : 24361397 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 16, 2023 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, an industrial designer, seeks classification as an individual of extraordinary ability in 
the arts. Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S .C. § 1153(b)(l)(A) . 
This first preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements have 
been recognized in their field through extensive documentation . 
The Director of the Nebraska Service Center revoked the approval of the petition, concluding that the 
record did not establish that the Petitioner had won a major, internationally-recognized award in his 
field . 1 8 C.F .R. § 204.5(h)(3). The matter is now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will withdraw the Director's decision and remand the matter for entry of a new decision consistent 
with the following analysis . 
U.S. Citizenship and Immigration Services (USCIS) may revoke the approval of a petition "at any 
time" for "good and sufficient cause ." Section 205 of the Act, 8 U.S .C. § 1155. USCIS may issue a 
notice of intent to revoke (NOIR) a petition's approval for good and sufficient cause if the unexplained 
and unrebutted record at the time of the notice's issuance would have warranted the petition's denial. 
Matter of Estime, 19 I&N Dec. 450, 451 (BIA 1987). The NOIR provides the opportunity to submit 
evidence in support of the petition and in opposition to the alleged grounds for revocation. 8 C.F.R. 
§ 205 .2(b ). If the NOIR response does not rebut or resolve revocation grounds stated in the notice, 
USCIS properly revokes a petition's approval. Matter of Estime , 19 I&N Dec . at 451-52 . 2 However, 
a revocation is not valid unless it is based on evidence contained in the record of proceedings. Id. 
1 On appeal, the Petitioner has provided a brief which may be relevant to his eligibility as of the time of filing, stating that 
his initial evidence demonstrates that he qualifies both with a one-time achievement and with documentation meeting three 
of the ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director is the more appropriate party to consider the impact of the 
appeal brief on the Petitioner 's eligibility , as we cannot adjudicate the appeal based on an incomplete record. 
2 The Director 's decision states that they did not receive a response to their NOIR. On appeal , the Petitioner provides a 
shipping receipt indicating that they mailed the response to the wrong address. The full, original NOIR response is not 
present in the record. 
At this time, we are unable to address the merits of this case because the record is incomplete. The 
record indicates that the Petitioner originally submitted a 13-page brief and several supporting 
documents in support of his petition. However, the record lacks complete copies of these documents. 
Thus, we cannot determine whether the Director properly considered all the relevant evidence in the 
record or whether the record at the time of the revocation would have warranted the petition's denial. 
Id. at 452. The Director bears the responsibility of ensuring that the record is complete and contains 
all evidence that has been submitted by a petitioner or considered by USCIS in reaching its decision. 
See 8 C.F.R. § 103.2(b)(l); cf. Matter of Gibson, 16 I&N Dec. 58, 59 (BIA 1976). We will therefore 
withdraw the Director's decision and remand this matter. 
On remand, the Director should identify and incorporate any documents which may have been 
inadvertently omitted from the record of proceeding before reviewing the entire record and issuing a 
new decision. If the Director cannot supplement the record with the missing materials, they should 
issue a new NOIR, granting the Petitioner a reasonable opportunity to respond. Upon receipt of a 
timely response, the Director should review the entire record and enter a new decision. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
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