Date of Decision: November 25, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Archivist
Field: National Archives
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of Scholarly Articles: The Petitioner documented his authorship of scholarly articles in a quarterly journal, which the Director found to be sufficient to meet this criterion.
- Participation as a Judge: The Petitioner served as a scientific referee for the journal, thus meeting the criterion of judging the work of others in the same or an allied field.
Criteria Not Met:
- Published Material About the Petitioner: The Petitioner submitted Internet articles from various sources. However, the articles did not meet the requirements as they were not specifically about him, nor did they include the authors’ names.
- Leading or Critical Role: While the Petitioner held a leading position within the national archives division, the evidence provided did not sufficiently demonstrate that the organization has a distinguished reputation required by the criterion.
Key Points from the Decision
Awards and Prizes Won: N/A
Published Materials About the Petitioner:
- The submitted articles did not focus on the Petitioner or his work directly and lacked authorship information. They discussed general topics related to the archives.
Original Contributions of Major Significance: N/A
Participation as a Judge:
- The Petitioner served as a scientific referee, a recognized role in judging scholarly work.
Membership in Associations: N/A
Authorship of Scholarly Articles:
- The Petitioner authored several articles in a reputable journal, which was acknowledged as fulfilling this criterion.
Leading or Critical Role:
- Despite holding a significant position, the evidence did not sufficiently prove that the organization is distinguished in the field.
Artistic Exhibitions or Showcases: N/A
Evidence of High Salary or Remuneration: N/A
Commercial successes in the Performing Arts: N/A
Supporting Documentation
- Scholarly Articles: Documentation of published articles in a recognized journal.
- Judging Work: Evidence of the Petitioner serving as a scientific referee.
- Organizational Role: An organizational chart and examples of responsibilities, which were found insufficient to meet the leading role criterion without evidence of the organization’s distinguished reputation.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The Petitioner did not meet the required number of criteria, and the evidence did not demonstrate sustained national or international acclaim or recognition.
Next Steps: The Petitioner may consider providing additional evidence to meet at least three of the required criteria or explore other visa options.
