Date of Decision: JUNE 5, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Journalist
Field: Journalism
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material About the Petitioner: Met for Mix Cultural, Toda Dia, Cultura, and Falha Da Regiao On-line publications, although their significance as major media is questionable.
- Authorship of Scholarly Articles: Met for articles published in UFO Magazine, but the nature of these articles as scholarly is disputed.
Criteria Not Met:
- Membership in Associations: Did not meet the criterion as the UBE membership did not require outstanding achievements judged by recognized national or international experts.
- Published Material About the Petitioner: Failed for Tribuna Liberal and Correia Popular, as articles were not focused on the petitioner or did not meet publication significance standards.
Key Points from the Decision
Published Materials About the Petitioner:
- Articles in smaller publications were about the petitioner, but the larger recognized publications’ articles did not focus on him, leading to a denial of this criterion.
Membership in Associations:
- The petitioner’s arguments for membership criteria were rejected due to insufficient evidence of the association’s recognition standards and translation issues of the submitted documents.
Original Contributions of Major Significance:
- Not explicitly addressed but implied to be insufficient from the overall evidence reviewed.
Supporting Documentation
- Articles from various publications, both questioning and supporting the petitioner’s claim.
- Membership details and submissions from the Brazilian Writer’s Association, which were found lacking.
- Evidence of book sales and other professional engagements, which were either not considered or found insufficient.
Conclusion
Final Determination: The appeal is dismissed due to failure to meet the required criteria for extraordinary ability under the EB1 category.
Reasoning:
- The petitioner failed to establish that he met the necessary number of criteria for extraordinary ability. The evidence presented did not convincingly demonstrate that he ranks among the top professionals in his field.
Next Steps: - The petitioner may consider gathering more robust evidence or exploring other visa categories suited to his achievements and career goals.
