EB-1 Extraordinary Ability USCIS Appeal Review – Comics Creator and Illustrator from Venezuela – DEC112023_01B2203

Date of Decision: DEC. 11, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Comics Creator and Illustrator
Field: Comics and Illustrations
Nationality: Venezuelan

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Receipt of Nationally or Internationally Recognized Prizes:
   The petitioner provided evidence of receiving a nationally recognized award for excellence in his field in Venezuela. The award is acknowledged as prestigious and credible within the country.
2. Artistic Exhibitions or Showcases:
   The petitioner successfully demonstrated that his work has been displayed at artistic exhibitions or showcases, meeting this criterion.

Criteria Not Met:

1. Published Material About the Petitioner:
   The petitioner submitted four online articles about his work. However, the evidence did not establish that these sources qualify as professional or major trade publications or other major media, failing to meet this criterion.
2. Performance in a Leading or Critical Role:
   The petitioner provided evidence of performing leading roles in two organizations. Nonetheless, the evidence was insufficient to demonstrate that these organizations had distinguished reputations.

Key Points from the Decision

Awards and Prizes Won:

• The petitioner received a nationally recognized award in Venezuela, which was established as significant within the country. This evidence was accepted as meeting one of the required criteria for extraordinary ability.

Published Materials About the Petitioner:

• The evidence provided included four articles from online sources, but the sources did not meet the standards required to be considered major media or professional publications.

Leading or Critical Role Performed:

• The petitioner held leading roles in both his co-founded company in Venezuela and his current employer in the United States. However, the evidence did not sufficiently establish the distinguished reputations of these organizations.

Supporting Documentation

1. Award Documentation:

• Nationally recognized award certificate and letters from the award foundation’s president detailing the award’s significance and criteria.

1. Published Articles:

• Copies of four online articles along with readership statistics and website analyses.

1. Organizational Role Evidence:

• Materials showcasing the petitioner’s role in the creation of a successful action figure and his involvement in the publication of a comic book by his current employer.

Conclusion

Final Determination:

• The petitioner’s appeal was dismissed because he did not meet the required three initial evidentiary criteria for the EB1 Extraordinary Ability visa category.

Reasoning:

• Despite meeting two criteria, the petitioner failed to demonstrate published materials in major media and leading roles in distinguished organizations.

Next Steps:

• It is recommended that the petitioner consider gathering additional evidence, particularly focusing on securing published materials in recognized major media and further substantiating the distinguished reputations of the organizations he has worked with.

Download the Full Petition Review Here