Date of Decision: December 13, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Journalist
Field: Arts
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: The Director found that “a few [of the submitted articles] were found to be qualifying and related to the [Petitioner].”
- Judging: The Petitioner served as a juror of theses at a university.
- Leading or Critical Role: The Petitioner was employed as a communication advisor to two former Venezuelan presidents and as a television hostess.
Criteria Not Met:
- Original Contributions: The evidence mainly related to her political activism rather than significant contributions in journalism.
- Authorship of Scholarly Articles: Most articles referenced her involvement with political demonstrations, not her journalistic work.
- Participation as a Judge: Judging theses of students does not set her apart as a top journalist.
- Membership in Associations: Insufficient evidence to support recognition within journalism.
- Evidence of High Salary or Remuneration: No documentation provided to demonstrate this.
- Commercial Successes: Not applicable to her field.
Key Points from the Decision
Awards and Prizes Won: (if applicable)
The Petitioner did not indicate or establish that she has received a major, internationally recognized award.
Published Materials About the Petitioner: (if applicable)
The record contains many articles from publications, such as El Nacional and El Universal, which quote the Petitioner or report her appearance at democratic rallies. The coverage, however, is not about the Petitioner relating to her work in journalism.
Original Contributions of Major Significance: (if applicable)
Most of the evidence related to political activism rather than journalistic contributions.
Participation as a Judge: (if applicable)
The Petitioner judged theses of students at a university in 1999, which does not demonstrate sustained national or international acclaim.
Membership in Associations: (if applicable)
Insufficient evidence provided to support this criterion.
Authorship of Scholarly Articles: (if applicable)
Most articles referenced her involvement with political demonstrations, not her journalistic work.
Leading or Critical Role Performed: (if applicable)
The Petitioner served as a communication advisor to two former Venezuelan presidents and as a television hostess for a prominent show, but she did not demonstrate sustained acclaim since 2009.
Artistic Exhibitions or Showcases: (if applicable)
Not applicable.
Evidence of High Salary or Remuneration: (if applicable)
No documentation provided to demonstrate this.
Commercial Successes in the Performing Arts: (if applicable)
Not applicable.
Supporting Documentation
- Published Materials: Articles from El Nacional, El Universal, and others discussing her political activism.
- Letters of Support: From political figures, not specifically demonstrating journalistic acclaim.
- Employment Records: Detailing various roles but lacking evidence of sustained national or international recognition.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner has not demonstrated that she qualifies as an individual of extraordinary ability. Her evidence mainly highlights political activism rather than journalistic achievements.
Next Steps: The Petitioner may consider gathering more substantial and recent evidence of journalistic acclaim before reapplying.
