EB-1 Extraordinary Ability USCIS Appeal Review -Digital Media Strategist – FEB142023_03B2203

Date of Decision: February 14, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Digital Media Strategist
Field: Digital Media Strategy and Operations
Nationality: Not specified in the document

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

Authorship of Scholarly Articles:

  • The petitioner provided evidence of authorship of scholarly articles in the field, published in professional or major trade publications.

Leading or Critical Role:

  • The petitioner demonstrated performing in a leading or critical role for organizations with a distinguished reputation.

Criteria Not Met:

Published Material About the Petitioner:

  • The petitioner provided materials published on metronews.ru and vc.ru, but these did not meet the requirements of being authored by another individual or published in major media.

Original Contributions of Major Significance:

  • The petitioner failed to establish that her contributions were original and of major significance in the digital media strategy and operations field.

High Salary or Remuneration:

  • The petitioner did not provide sufficient comparative evidence to prove that her salary was significantly high in relation to others in her field at the time of filing the petition.

Key Points from the Decision

Awards and Prizes Won:

  • None specified.

Published Materials About the Petitioner:

  • The provided materials did not qualify as published about her by another author in major media.

Original Contributions of Major Significance:

  • Reference letters indicated she was valued by employers but did not show her work was original or of major significance across the field.

Participation as a Judge:

  • Not applicable.

Membership in Associations:

  • Not applicable.

Authorship of Scholarly Articles:

  • The petitioner provided evidence of her scholarly articles in professional or major trade publications.

Leading or Critical Role:

  • Demonstrated through her roles in reputable organizations.

Artistic Exhibitions or Showcases:

  • Not applicable.

Evidence of High Salary or Remuneration:

  • Insufficient evidence comparing her salary to those in similar roles.

Commercial Successes in the Performing Arts:

  • Not applicable.

Supporting Documentation

  • Scholarly Articles: Articles authored by the petitioner in major trade publications.
  • Reference Letters: Letters from current and former employers detailing her contributions and roles.
  • Wage Statements: 2021 IRS Form W-2 and employer letters indicating salary.

Conclusion

Final Determination: Appeal dismissed.
Reasoning:

  • The petitioner did not meet the required initial evidence criteria or demonstrate sustained national or international acclaim.
  • Her contributions, while valuable to her employers, did not reach the level of major significance required for the EB1 Extraordinary Ability classification.

Next Steps:

  • Recommendations for the petitioner would involve gathering more robust evidence of her contributions’ significance and possibly pursuing different immigration avenues more suited to her qualifications and achievements.

Download the Full Petition Review Here

Igbo Clifford
Igbo Clifford

python • technical writing • filmmaking

Articles: 1194

Leave a Reply

Your email address will not be published. Required fields are marked *