Date of Decision: AUG. 27, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Jurist
Field: Education
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
8 C.F.R. § 204.5(h)(3)(vi): The Petitioner authored legal reference books, fulfilling the scholarly articles criterion.
Criteria Not Met:
8 C.F.R. § 204.5(h)(3)(i): The Petitioner did not demonstrate that the “Medalla Dia Nacional del Abogado” or other claimed awards were nationally or internationally recognized for excellence in education. Inadequate evidence and lack of English translations for some awards further weakened this claim.
8 C.F.R. § 204.5(h)(3)(ii): The Petitioner’s membership in certain associations did not meet the criterion as he did not show that the memberships required outstanding achievements judged by recognized experts.
8 C.F.R. § 204.5(h)(3)(iv): The Petitioner did not provide sufficient documentary evidence that he judged the work of others in his field, as required, due to incomplete and inaccurate English translations.
8 C.F.R. § 204.5(h)(3)(viii): The Petitioner did not establish that his role as an advisor in a Venezuelan project was critical to the organization’s success or that the organization itself had a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner claimed several awards but did not provide sufficient evidence or translations to demonstrate their national or international recognition for excellence in education.
Published Materials About the Petitioner:
Summary of findings: The Petitioner authored legal reference books, fulfilling the scholarly articles criterion.
Original Contributions of Major Significance:
Summary of findings: Not applicable.
Participation as a Judge:
Summary of findings: The Petitioner did not demonstrate sufficient evidence that he judged the work of others in his field due to lack of complete and accurate translations.
Membership in Associations:
Summary of findings: The Petitioner did not show that his memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Summary of findings: The Petitioner authored legal reference books, fulfilling the scholarly articles criterion.
Leading or Critical Role Performed:
Summary of findings: The Petitioner did not demonstrate that his role was critical to the success of a distinguished organization.
Artistic Exhibitions or Showcases:
Summary of findings: Not applicable.
Evidence of High Salary or Remuneration:
Summary of findings: Not applicable.
Commercial Successes in the Performing Arts:
Summary of findings: Not applicable.
Supporting Documentation
- Medalla Dia Nacional del Abogado: Insufficient evidence and lack of translations to demonstrate national or international recognition.
- Other Awards: Lack of evidence and translations for claimed awards.
- Membership in Associations: Inadequate evidence to show memberships required outstanding achievements.
- Judging Activities: Incomplete and inaccurate translations for documents claiming judging roles.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence criteria and did not demonstrate sustained national or international acclaim or that he is among the top percentage in his field.
Next Steps: The Petitioner should gather complete and accurate translations for all foreign documents, provide detailed evidence of awards’ recognition, and demonstrate the critical impact of his roles in distinguished organizations.
