remanded EB-2 NIW Case: Business Operations

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 31 , 2025 In Re: 35665222 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a global operations controller, seeks employment-based second preference (EB-2) 
immigrant classification as a member of the professions holding an ad vanced degree, as well as a 
national interest waiver of the job offer requirement attached to this classification. See Immigration 
and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish that the Petitioner is eligible for a national interest waiver as a matter of discretion. The 
matter is now before us on appeal pursuant to 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 I&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. 
At this time, we are unable to address the merits of this case because the record is incomplete. The 
record reflects that the Director issued a request for evidence (RFE) on April 25, 2022. While the 
Director acknowledged in the underlying decision that the Petitioner submitted a response to the RFE 
which includes an updated detailed description of her proposed endeavor, the Petitioner's original 
response has not been incorporated into the record of proceeding. Thus, we cannot determine whether 
the Director properly considered all the relevant evidence in the record, nor can we base our own 
decision in this case on an incomplete record. 
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 U.S. Citizenship and Immigration Services in 
reaching its decision. See 8 C.F.R. § 103.2(b)(l); cf. Matter of Gibson, 16 l&N Dec. 58, 59 (BIA 
1976). Accordingly, we will withdraw the Director's decision and remand this matter for the inclusion 
of the missing record materials and further consideration. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new decision 
consistent with the foregoing analysis.