remanded EB-1A Case: Unknown

U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals, MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
PUBLIC COPY 
R, , 
C/ 
Office: TEXAS SERVICE CENTER 
SRC 08 800 01 534 
 Date: OCT 0 7 2009 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b)(l)(A) 
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. 
F&?2: 
Chief, Administrative Appeals Office 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
withdraw the director's decision and remand the matter for hrther action and consideration. 
The petitioner seeks classification as an "alien of extraordinary ability," pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1153(b)(l)(A). The director 
determined the petitioner had not established the sustained national or international acclaim necessary to 
qualify for classification as an alien of extraordinary ability because no supporting documentation was 
submitted. 
On appeal, counsel asserts that the supporting documentation was submitted. The record contains 
the petitioner's submission, dated November 5, 2007. The director denied the petition on December 
3,2008, more than a year after receiving the petitioner's evidence. 
As the director failed to consider the initial evidence submitted more than a year before the director's 
decision, this matter will be remanded for a full adjudication of the petition on the merits. 
As always in these proceedings, the burden of proof rests solely with the petitioner. Section 291 of 
the Act, 8 U.S.C. $ 1361. 
ORDER: 
 The director's decision is withdrawn and the matter is remanded to the director for 
issuance of a new decision on the merits, which, if adverse to the petitioner, is to be 
certified to the AAO for review.