Date of Decision: November 12, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Author
Field: Literature
Nationality: Guatemalan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner provided evidence of serving as a juror for an international literature contest and a poetry contest, which met the criterion related to judging the work of others in the field.
Criteria Not Met:
Lesser Prizes or Awards: The petitioner failed to demonstrate that the awards he received were nationally or internationally recognized for excellence in the literary field.
Membership in Associations: The petitioner did not provide sufficient evidence that the associations he belonged to required outstanding achievements for membership.
Original Contributions of Major Significance: The petitioner did not establish that his literary works had made a significant impact in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided documentation of various awards, but failed to demonstrate that these were recognized nationally or internationally for excellence in literature. The awards included:
Two awards from the National Association of Guatemalan Writers.
The I I Medal in 2006.
The I IA ward in 2011.
Key Quotes:
“The record does not reflect that he has met the requisite three evidentiary criteria.”
Published Materials About the Petitioner:
The petitioner provided letters and articles discussing his participation in literary events, but did not establish that these materials indicated a significant impact on the field.
Key Quotes:
“The letters praise the Petitioner’s literary accomplishments but do not explain how his work constitutes a contribution of major significance in the literary field.”
Original Contributions of Major Significance:
The petitioner submitted letters from colleagues attesting to his literary talents, but did not provide specific examples demonstrating a significant impact on the field.
Key Quotes:
“The letters, solicited from the Petitioner’s colleagues, primarily contain broad attestations of the significance of the Petitioner’s work without providing specific examples of original contributions that rise to a level consistent with major significance.”
Participation as a Judge:
The petitioner served as a judge in various literary contests, meeting the criterion for judging.
Key Quotes:
“By having some influence over the selection of award winners, the Petitioner participated as a judge as described in the regulation.”
Membership in Associations:
The petitioner claimed membership in several literary associations but did not provide corroborating evidence of the membership requirements.
Key Quotes:
“The record lacks documentation, such as bylaws, membership requirements, or other appropriate evidence, establishing that the organization requires outstanding achievements of its members.”
Authorship of Scholarly Articles:
The petitioner did not demonstrate that his published works had a significant impact on the field.
Key Quotes:
“The letters do not provide a description of how the Petitioner’s authored works, individually or as a whole, have made an impact in his field.”
Leading or Critical Role Performed:
Not applicable in this case.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
Letters from colleagues and organizations.
Certificates and awards.
Media coverage and articles discussing the petitioner’s work.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements by failing to provide sufficient documentation to establish eligibility under the criteria set forth in 8 C.F.R. § 204.5(h)(3).
Next Steps:
The petitioner may consider gathering additional, more compelling evidence of nationally or internationally recognized awards, significant contributions to the field, and memberships in prestigious associations with strict requirements.
Reevaluate and potentially reapply with stronger supporting documentation.
