Date of Decision: May 16, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Children’s Book Author
Field: Literature
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Published Materials About the Petitioner: The petitioner provided published materials demonstrating national recognition as an accomplished children’s book author.
Original Contributions of Major Significance: Evidence submitted showed significant contributions to the field of children’s literature, which have been acknowledged by peers and industry experts.
Authorship of Scholarly Articles: The petitioner has authored numerous books and articles that have contributed to the understanding and appreciation of children’s literature.
Criteria Not Met:
Participation as a Judge: The petitioner participated as a judge for a children’s story writing competition in 2007. However, this participation was not deemed indicative of sustained national or international acclaim or of being among the small percentage at the very top of the field.
Key Points from the Decision
Awards and Prizes Won: The petitioner did not provide evidence of winning major, internationally recognized awards but provided documentation of other significant accolades within the field of children’s literature.
Published Materials About the Petitioner: Published materials provided included articles and reviews highlighting the petitioner’s contributions and impact on children’s literature.
Original Contributions of Major Significance: The petitioner’s work in children’s literature was recognized for its innovative approach and positive influence on the genre.
Participation as a Judge: The petitioner’s role as a judge in a children’s writing competition was not sufficient to establish the requisite level of acclaim.
Membership in Associations: Documentation regarding the petitioner’s membership in professional literary associations was submitted but did not alone establish extraordinary ability.
Authorship of Scholarly Articles: The petitioner’s numerous publications in children’s literature were acknowledged as contributions of significant value.
Supporting Documentation
- Published Articles and Reviews:
- Various articles and reviews highlighting the petitioner’s work and its impact on the field.
- Professional Association Memberships:
- Documentation of memberships in relevant literary associations.
- Judging Participation:
- Evidence of participation as a judge in children’s writing competitions.
Conclusion
Final Determination: Remanded
Reasoning: The initial decision was remanded due to incomplete analysis and insufficient consideration of the evidence provided. The petitioner met three of the evidentiary criteria but did not sufficiently demonstrate sustained national or international acclaim in the final merits determination.
Next Steps: The case is remanded for further review and a new decision, taking into account all submitted evidence and providing a complete analysis of the petitioner’s eligibility under section 203(b)(1)(A) of the Act.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20509233
Document: MAY162022_02B2203