Date of Decision: SEPT. 3, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Chinese language lecturer
Field: Education
Nationality: China
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Scholarly Articles: The Petitioner authored scholarly articles in professional publications.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner did not provide sufficient evidence that the grants and scholarships received are considered nationally or internationally recognized prizes or awards for excellence in the field of Chinese linguistics.
- Published Material About the Alien: The Petitioner did not demonstrate that the publications and media coverage were in professional or major trade publications or other major media.
- Original Contributions of Major Significance: The Petitioner did not establish that her contributions had a significant impact on the field of Chinese language instruction and curriculum development.
- Leading or Critical Role: The Petitioner did not show that her role as the director of the Chinese program at a university reflected a leading or critical position.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner claimed to have received grants and scholarships, but did not adequately demonstrate that they were recognized as prizes or awards for excellence in her field.
Published Materials About the Petitioner:
- Articles in China Daily USA and broadcasts on WDAZ were not shown to be major media or professional publications.
Original Contributions of Major Significance:
- Downloads and citations of her work were not sufficient to demonstrate major significance in her field.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- Not applicable.
Authorship of Scholarly Articles:
- The Petitioner met this criterion by authoring scholarly articles.
Leading or Critical Role Performed:
- The Petitioner did not demonstrate that her position as director of the Chinese program was a leading or critical role for her organization.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Letters of Recommendation: Multiple letters from colleagues and administrators attesting to her contributions and roles.
- Published Articles: Copies of scholarly articles authored by the Petitioner.
- Grant Documentation: Various documents regarding grants and scholarships received, though not adequately verified.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria for extraordinary ability classification. The evidence provided did not support a finding of sustained national or international acclaim or recognition at the top of her field.
Next Steps:
The Petitioner may consider providing more substantial and corroborative evidence or pursuing other visa classifications that may align better with her credentials and achievements.
