remanded EB-2 NIW Case: Finance

FILE: EAC 03 091 52707 
On January 29, 2003, you filed a petition seeking to classify yourself as a member of the 
Nationality Act (the Act), 8 U.S.C. 9 1153(b)(2). 
an advanced degree or an alien of exceptional ability pursuant to section 203(b)(2) of 
Subsequently, on November 17, 2004, the Director, Vermont Service Center, denied your peti on. You have 
appealed that decision, and your appeal is now before the Administrative Appeals Office (AAO). 4 
On appeal, your attorney protests that the director did not issue a request for evidence, as itizenship and 
Immigration Services (CIS) regulations at 8 C.F.R. 3 103.2(b)(8) normally require when the r cord shows no 
clear evidence of ineligibility but, at the same time, contains insufficient evidence to warrant a proval. Upon 
review of the materials available, it appears that the issuance of such a request is in order. b 
On the Form 1-140 petition, you indicated that you seek a national interest waiver in orde to work as a 
financial analyst at the World Bank. Your application for the waiver was predicated on yo r claim to be 
"deeply committed to the strengthening of financial markets worldwide." ! 
When you first filed your petition, you were in the United States as a G-4 nonimmigrant, a 
you were entitled by virtue of your employment with the World Bank. CIS records indicate 
longer classified as a G-4 nonimmigrant; instead, you were paroled (as opposed to admitted) 
States on August 22, 2004. This strongly suggests that you are no longer employed by 
have determined, therefore, that we require additional information about your past and 
Please submit new letters and supporting documents (such as payroll records) to 
accounting of all your employment and employment-related activities from January 
including the following information: 
The names of all your past and current employers since January 2003; 
Valid contact information for an authorized official of each employer; 
All job titles you have held; 
The duties of all those positions; 
An explanation as to how your performance of those duties contributes to the str ngthening of 
financial markets; 
A detailed description of any academic studies you have undertaken since 2003; and 
An explanation as to how those studies (if any) relate directly to financial markets. i 
RFE EAC 03 091 52707 
Page 2 
Finally, please provide a written statement explaining your future goals. This information is di 
to the question of prospective national benefit. The national interest waiver is predicated not 01 
individual has done in the past, but also what the individual intends to do in the future. 
8 C.F.R. 5 103.2(b)(8) states, in pertinent part: 
[Wlhere there is no evidence of ineligibility, and initial evidence or eligibility informa 
missing or the Service finds that the evidence submitted either does not fully es 
eligibility for the requested benefit or raises underlying questions regarding eligibili 
Service shall request the missing initial evidence, and may request additional evidenc 
In such cases, the applicant or petitioner shall be given 12 weeks to respond to a requ 
evidence. Additional time may not be granted. Within this period the applicant or pet 
may: 
(i) Submit all the requested initial or additional evidence; 
(ii) Submit some or none of the requested additional evidence and ask for a dc 
based on the record; or 
(iii) Withdraw the application or petition. 
All evidence submitted in response to a Service request must be submitted at one time. The 
only some of the requested evidence will be considered a request for a decision based on the re' 
$ 103.2(b)(1 1). If all requested initial evidence and requested additional evidence is not sul 
required date, the application or petition shall be considered abandoned and, accordingly, st 
8 C.F.R. 9 103.2(b)(13). Failure to submit requested evidence which precludes a material line ( 
be grounds for denying the application or petition. 8 C.F.R. $ 103.2(b)(14). 
You are hereby afforded 12 weeks fi-om the date of this letter in which to respond to this notice. I 
serving this notice by mail, we add three days to the 12-week deadline to account for mailing time. 
8 C.F.R. 5 103.5a(b). This office must, therefore, receive your response no later than 87 calenda 
date of this notice. If you choose to respond, please submit your response to the address shown o 
of this letter. Also, please reference your 1-140 receipt number, EAC 03 091 52707, in your respc 
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5 Robert P. Wiemann, Director 
Administrative Appeals Office