remanded EB-2 Case: Unknown

J);\TE: 
IN RE: 
PETITION: 
DEC \ 8 2012 
Petitioner: 
BCIll:riciary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office oJ Adminislratll'e Appeals, MS 2090 
Washington. DC 20:')29-2090 
u.s. Citizenship 
and Immigration 
Services 
Ollicc: TEXAS SERVICE CENTER FILE: 
Immigrant Pctition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien Df Exceptional Ability Pursuant to Section 203(b)(2)(A) of the 
Immigration and Nationality Act, 8 U.s.c. § IIS3(b)(2)(A) 
ON IlEH/\LF OF PETITIONER: 
INSTRUCTIONS: 
This is the dccision of the Administrative Appeals Office in your casco Please note that all documents have 
heen returned to the officc that uriginaIly decided your case. Please also note that any further inquiry must he 
madc In that office. 
Thallk \,ou. 
www.uscis.gov 
-. 
D1SClJSSION: 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', decision and remand the matter for further action and consideration. 
The petitioner seeks classification as an "alien of exceptional ability," pursuant to section 203(b)(2)(A) 
of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1153(b)(2)(A). The director determined 
that --thl e 1 petition seeking classification a~ an alien who is a member of the professions holding an 
advanced degree cannot be approved.--
A revinv of the record confirms that the petitioner filed the instant pelltlon on behalf of the 
beneficiary as an alien of exceptional ability, not as an alien who is a member of the professions 
holding an advanced degree. As the director failed to consider the evidence submitted under the 
correct classification, this matter will be remanded for a full adjudication of the petition on the 
me ri ts. 
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ORDER: The clireetor' s decision is withdrawn ancl the matter is remanded to the clirector for 
issuance of a new decision on the merits, which, if adverse to the petitioner, is to be 
certified to the AAO for review.