Date of Decision: August 16, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Journalist
Field: Media and Journalism
Nationality: Nepalese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the criteria according to the final review.
Criteria Not Met:
- Nationally or Internationally Recognized Awards: The petitioner did not provide sufficient evidence to show that her awards were nationally or internationally recognized.
- Membership in Associations: The petitioner’s memberships did not require outstanding achievements.
- Published Material About the Petitioner: The submitted articles were either authored by the petitioner or did not meet the required standards of being published in major media.
- Original Contributions: The contributions cited were not proven to be of major significance in the field.
- High Salary or Remuneration: The petitioner failed to show that her salary was significantly higher compared to others in the field.
- Commercial Success in Performing Arts: This criterion was not applicable to the petitioner’s profession.
- Participation as a Judge: Not evaluated as the petitioner did not meet the initial requirement of three criteria.
- Leading or Critical Role: Not evaluated as the petitioner did not meet the initial requirement of three criteria.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner cited the receipt of a 2015 award from Women Act and another from the Nepal Press Union. However, the evidence did not sufficiently demonstrate national or international recognition. Discrepancies in the documentation and lack of contemporaneous media coverage diminished the credibility of the claimed awards.
Published Materials About the Petitioner:
- The submitted articles did not qualify as they were either authored by the petitioner or lacked necessary information such as the author’s details or publication in major media.
Original Contributions of Major Significance:
- The petitioner’s contributions to her employer’s magazine and its digital presence were deemed significant within her organization but did not rise to a level of major significance in the broader field of journalism.
Membership in Associations:
- The petitioner’s memberships in the Federation of Nepali Journalists and the Nepal Press Union did not require outstanding achievements for membership, failing to meet the criterion.
Evidence of High Salary or Remuneration:
- The petitioner did not provide sufficient comparative evidence to demonstrate that her salary was significantly high relative to others in her field.
Supporting Documentation
- Letters from Nepal Press Union: Lacked consistency and raised questions about their credibility.
- Articles and Publications: Did not meet the requirements for being about the petitioner and published in qualifying media.
- Salary Statements: Insufficient to prove significantly high remuneration in relation to peers.
- Awards Certificates: Lacked evidence of national or international recognition.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The petitioner did not meet the initial evidence requirements by failing to satisfy at least three of the ten criteria outlined for extraordinary ability classification. The discrepancies in documentation, insufficient evidence of national or international recognition, and lack of major significance in contributions led to the dismissal of the appeal.
Next Steps:
- The petitioner may consider gathering more robust and verifiable evidence to meet the required criteria for extraordinary ability classification in future petitions.
