Date of Decision: August 4, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Journalism
Field: Journalism
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None explicitly mentioned as met in the decision.
Criteria Not Met:
Published Material about the Petitioner: The petitioner submitted an article about him which was found to be nonexistent in the claimed publication’s archives.
National or International Prizes or Awards: The petitioner provided documentation of an award which was not recognized by his former employer or the awarding body.
Original Contributions of Major Significance: The evidence provided did not establish the petitioner’s claimed achievements and positions.
Participation as a Judge: Not applicable.
Membership in Associations: The petitioner claimed membership and positions in associations which were not confirmed by key figures within those associations.
Authorship of Scholarly Articles: Not applicable.
Leading or Critical Role Performed: The petitioner’s claimed roles were not substantiated.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: Not applicable.
Commercial Successes in the Performing Arts: Not applicable.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed to have received a prestigious award, but his former employer and the awarding body did not confirm this.
Published Materials About the Petitioner:
The petitioner submitted articles purportedly about him which were found to be nonexistent in the claimed publications.
Original Contributions of Major Significance:
The petitioner’s evidence of his achievements and positions were found to be unreliable and unsubstantiated.
Membership in Associations:
The petitioner claimed membership and positions in associations, which were not confirmed by key figures in those associations.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner’s claimed roles were not substantiated.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided multiple pieces of documentation which were found to be unreliable, including altered, forged, or fraudulent documentation about his awards, press coverage, and association memberships.
Conclusion
Final Determination: The appeal was dismissed as abandoned, and the petitioner was found to have made a willful misrepresentation of material facts.
Reasoning: The petitioner’s failure to respond to the notice of intent to dismiss and the unsubstantiated evidence led to the dismissal of the appeal.
Next Steps: The petitioner may need to seek legal advice to understand the implications of the decision and explore other possible immigration options.
