EB-1 Extraordinary Ability USCIS Appeal Review – Journalist – AUG042017_01B2203
Date of Decision: August 4, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Journalist
Field: Journalism
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes: The petitioner claimed to have received nationally or internationally recognized prizes or awards for excellence in his field. However, upon investigation, these claims were found to be unsubstantiated and fabricated.
Published Materials About the Petitioner: The petitioner submitted various articles and publications that allegedly featured him. These were later proven to be altered or forged documents, casting doubt on their credibility.
Judging the Work of Others: The petitioner provided evidence of judging the work of others in his field. However, this criterion alone did not establish his extraordinary ability in journalism.
Criteria Not Met:
Totality of Record: Despite initially meeting some criteria, the overall evidence did not demonstrate sustained national or international acclaim. The evidence was found to be unreliable due to the petitioner’s misrepresentations.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided documentation of awards, which were found to be fabricated. The investigation revealed that the awards mentioned were not recognized by credible sources or the entities that allegedly granted them.
Published Materials About the Petitioner:
The petitioner submitted articles purportedly about him in various publications. The investigation found that these articles were either non-existent or altered. This severely impacted the credibility of the petitioner’s claims.
Original Contributions of Major Significance:
The petitioner did not provide credible evidence of original contributions of major significance in journalism.
Participation as a Judge:
The petitioner claimed to have judged the work of others, but this was not sufficient to establish extraordinary ability.
Membership in Associations:
The petitioner provided evidence of membership in professional associations, but the authenticity of these claims was questionable.
Authorship of Scholarly Articles:
The petitioner claimed to have authored scholarly articles, but the credibility of these publications was compromised.
Leading or Critical Role Performed:
The petitioner claimed leading roles in organizations, but these claims were not supported by reliable evidence.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Reference Letters: The petitioner submitted multiple reference letters, some of which were found to be fabricated.
- Articles and Publications: Submitted articles were proven to be altered or forged.
- Awards and Certificates: Documentation of awards was found to be unreliable and fabricated.
Conclusion
Final Determination: The appeal was dismissed as abandoned, and the petitioner was found to have willfully misrepresented material facts.
Reasoning: The petitioner did not respond to the Notice of Intent to Dismiss (NOID) and failed to provide credible evidence of extraordinary ability. The investigation revealed multiple fabrications and inconsistencies in the submitted evidence.
Next Steps: The petitioner should consider reapplying with genuine and verifiable evidence or explore other visa categories that may better suit their qualifications and achievements.
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