Date of Decision: March 26, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Journalist
Field: [Field of Specialization in Journalism not specified]
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner served as the president of the jury for the 2019 [Award Name], an award recognizing innovation and quality in the rail industry.
Authorship of Scholarly Articles: The petitioner authored articles, including weekly supplements, in a recognized periodical.
Criteria Not Met:
Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence: The National Rails Award was deemed not to be recognized for excellence in journalism and not acknowledged by other journalists.
Published Material About the Alien in Professional or Major Trade Publications or Other Major Media: Articles submitted were about the petitioner’s swimming activities and not about his work as a journalist.
Display of the Alien’s Work in Artistic Exhibitions or Showcases: The book launch events for the petitioner’s autobiographical works were not considered artistic exhibitions or showcases related to journalism.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings: The National Rails Award was not recognized as an award for excellence in journalism.
Key Quotes or References: “The National Rails Award distinguishes an [industry] personality noted for its work in the development, growth, and dissemination of the rail system for both the passenger and cargo sector.”
Published Materials About the Petitioner:
Summary of Findings: The articles were primarily about the petitioner’s open water swimming activities, not his journalistic work.
Key Quotes or References: “The materials were about his swimming activities and not about his work as a journalist.”
Original Contributions of Major Significance:
Not Applicable
Participation as a Judge:
Summary of Findings: The petitioner served as the president of the jury for a rail industry award, which did not involve judging the work of journalists.
Key Quotes or References: “The award is granted at an annual convention for the rail industry, not at a meeting by or for journalists.”
Membership in Associations:
Not Applicable
Authorship of Scholarly Articles:
Summary of Findings: The petitioner authored articles, including weekly supplements, in a recognized periodical.
Key Quotes or References: “The petitioner has written a weekly supplement in his area of expertise since 1998.”
Leading or Critical Role Performed:
Not Applicable
Artistic Exhibitions or Showcases:
Summary of Findings: The book launch events were not considered artistic exhibitions or showcases.
Key Quotes or References: “The event was a book launch for commercial purposes, not an artistic exhibition or showcase.”
Evidence of High Salary or Remuneration:
Not Applicable
Commercial Successes in the Performing Arts:
Not Applicable
Supporting Documentation
National Rails Award: Evidence included a letter from the Multimedia Director and an article, both indicating the award’s focus on the rail industry rather than journalism.
Published Articles: Articles about the petitioner’s swimming activities and books, not his journalistic work.
Participation as a Judge: Evidence of the petitioner serving as president of the jury for a rail industry award.
Book Launch Events: Notices regarding the launch events for the petitioner’s autobiographical works.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required initial evidence of at least three criteria under 8 C.F.R. § 204.5(h)(3). The evidence provided did not support the major significance of contributions in the field of journalism or sustained national or international acclaim.
Next Steps:
The petitioner may consider gathering more substantial evidence that demonstrates the major significance of his contributions in journalism.
Reapply with additional supporting documentation that meets the required criteria for extraordinary ability in journalism.
