Date of Decision: July 28, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Human Rights Lawyer and Legal Researcher
Field: Human Rights and Legal Research
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
The Petitioner, a human rights lawyer and legal researcher, seeks classification as an alien of extraordinary ability. The Director of the Texas Service Center denied the petition, concluding that although the record established that the Petitioner satisfied the initial evidentiary requirements, it did not establish that the Petitioner has sustained national or international acclaim and is an individual in the small percentage at the very top of the field. Additionally, the Director found that the Petitioner had not established that she intends to continue her work in the United States or that her entry will substantially benefit the United States. Upon de novo review, the appeal was sustained.
Criteria Met
Participation as a Judge of the Work of Others: The Petitioner met this criterion by serving on the faculties of various universities in Venezuela, participating as a judge of the work of others in the field.
Authorship of Scholarly Articles: The Petitioner met this criterion by authoring several scholarly articles in reputable professional journals.
Leading or Critical Role for Distinguished Organizations: The Petitioner held significant roles such as executive director of a human rights organization she founded in Venezuela and CEO of a New Jersey-based nonprofit organization.
Final Merits Determination
Sustained National or International Acclaim: The Petitioner demonstrated sustained national and international acclaim through her leadership and contributions to human rights initiatives, consultation roles at national and international levels, and extensive documentation of her achievements. The record showed that she attracted high-level attention in academia, government, and non-governmental organizations (NGOs).
Intention to Continue Work in the United States: The Petitioner provided evidence of her ongoing commitment to human rights research and activism. Despite the Director’s concerns, the record demonstrated that the Petitioner’s research and advocacy work would continue to benefit the United States.
Substantial Prospective Benefit to the United States: The Petitioner’s work in human rights and legal research, particularly in addressing women’s rights and other human rights violations, established a substantial prospective benefit to the United States.
Conclusion
Final Determination: The appeal is sustained.
Reasoning: The Petitioner met at least three of the evidentiary criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). She demonstrated sustained national and international acclaim and provided extensive documentation of her achievements. The Petitioner also showed that she intends to continue working in the United States in her area of expertise and that her entry will substantially benefit the United States. The totality of the evidence supported a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner qualifies for classification as an individual of extraordinary ability and can continue her work in the United States in her field of expertise.
