Date of Decision: MAY 30, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Educator
Field: Education
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Petitioner: The petitioner presented articles from various newspapers as evidence, but they were deemed promotional material, not genuine published material about his work in education.
Criteria Not Met:
Participation as a Judge: The appeal board found the evidence insufficient to demonstrate that the petitioner’s judging activities were of a caliber that met the regulatory requirements.
Authorship of Scholarly Articles: The petitioner failed to provide necessary English translations for the documents he submitted, undermining his claim of having authored relevant scholarly articles.
Leading or Critical Role: The evidence did not sufficiently prove that the organizations where the petitioner claimed to have held critical roles were of distinguished reputation.
Key Points from the Decision
Published Materials About the Petitioner: The review panel criticized the nature of the submitted articles, labeling them as promotional rather than informative of the petitioner’s professional achievements.
Participation as a Judge: Although the petitioner had judged educational competitions, the activities described did not meet the high standards required for this visa category.
Authorship of Scholarly Articles: The lack of complete and certified translations of the petitioner’s articles hindered the ability to verify their scholarly nature and relevance.
Leading or Critical Role: There was no adequate evidence to support the claim that the roles played by the petitioner were at institutions of noted distinction.
Supporting Documentation
- Articles from the New York Daily News and New York Post, deemed promotional.
- Translation of an article from the Sing Tao Daily, deemed incomplete.
- Various uncertified translations of books and articles alleged to be scholarly.
Conclusion
Final Determination: The appeal is dismissed, and the initial decision to deny the petitioner’s Form I-140 is upheld.
Reasoning: The petitioner did not meet the required number of evidentiary criteria, and the quality of the evidence was insufficient to establish eligibility under the extraordinary ability category.
Next Steps: It is recommended that the petitioner reassess the documentation and possibly consult with legal expertise to better align with USCIS requirements.
