remanded EB-1C Case: Commercial Real Estate

U.S. Citizenship 
and Immigration 
Services 
In Re: 18235198 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUL. 20, 2021 
Form I-140, Immigrant Petition for Multinational Manager or Executive 
The Petitioner buys and develops commercial real estate. The company seeks to employ the Beneficial)' 
as executive vice president under the first-preference, immigrant visa category formultinational managers 
and executives. See Immigration and Nationality Act (the Act) section 203(b )(l)(C), 8 U.S.C. 
§ 1153(b )(1 XC). 
The Director of the Nebraska Service Center denied the petition . The Director concluded that the 
Petitioner did not demonstrate its proposed employment of the Beneficiary in the required managerial 
or executive capacity. 
The Petitioner asserts that the Director overlooked evidence of both the managerial and executive 
nature of the proposed work. We can't adequately review the decision, however, because the record 
is incomplete . 
A director must ensure that a record contains all evidence submitted by a petitioner or considered in 
the decision by U.S. Citizenship and Immigration Services. 8 C.F.R. § 103 .2(b )(1 ); see also Matter 
of Gibson , 16 I&N Dec. 58, 59 (BIA 1976). The decision and the Petitioner's appellate brief indicate 
the Director's issuance of a written request for additional evidence (RFE) and the company 's response 
to the request. The record , however, lacks a copy of the RFE and originals of the Petitioner's response. 
Thus, we can't determine whether the Director properly considered all relevant evidence. We will 
therefore withdraw the Director's decision and remand the matter. 
On remand, the Director should add a copy of the RFE and originals of the Petitioner's RFE response 
to the record. The Director should then review the entire record and enter a new decision . 
If the Director can't supplement the record with the missing materials , she should issue a new RFE, 
affording the Petitioner a reasonable opportunity to respond. If supported by the record, the new RFE 
may allege deficiencies unaddressed by the initial request. Upon receipt of a timely response, the 
Director must ensure that the record contains a copy of the new RFE and originals of the Petitioner's 
complete response to it. The Director should then review the entire record and enter a new decision. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for entry of a new 
decision consistent with the foregoing analysis. 
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