Date of Decision: APR 27 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: News Anchor and Director
Field: News Broadcasting and Production
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion: None met
Criteria Not Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner failed to provide evidence that he received any nationally or internationally recognized awards. The submitted awards were not verified to be given to individuals, nor were they proven to be recognized on a national or international level.
Published material about the alien in professional or major trade publications or other major media:
The petitioner did not provide sufficient evidence of published materials about him in major trade publications or media. The translations of the submitted documents did not meet regulatory requirements, and there was no verification of the publications’ status as major media.
Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought:
The petitioner did not meet this criterion due to inconsistencies in the submitted documents and lack of proper translations.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The petitioner did not provide adequate evidence of original contributions of major significance in the field of news broadcasting and production. Most of the evidence related to his work in automotive safety, which is not the field for which he sought classification.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner did not assert or provide evidence for this criterion on appeal.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed several awards, but they were not verified to be individual awards or recognized at a national or international level.
Published Materials About the Petitioner:
The petitioner submitted translations of articles, but they did not meet regulatory requirements, and there was no evidence to confirm the status of the publications as major media.
Original Contributions of Major Significance:
The petitioner did not demonstrate that his contributions in news broadcasting were original and of major significance.
Participation as a Judge:
The petitioner submitted documents claiming participation as a judge, but they lacked proper translations and had inconsistencies.
Membership in Associations:
The petitioner did not provide evidence of memberships in associations that met the criteria.
Authorship of scholarly articles:
No evidence was provided to support this criterion.
Leading or critical role performed:
The petitioner did not assert this criterion on appeal.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Employment certificate
- Award certificates
- Published articles
- Translation certificates
- Statements from organizations
Each document was evaluated for relevance, probative value, and credibility. Many documents were found lacking in proper translation and verification.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner failed to meet the required criteria for classification as an alien of extraordinary ability. The provided evidence did not establish the petitioner’s achievements as being at the very top of his field with sustained national or international acclaim.
Next Steps:
The petitioner may file a motion to reconsider or a motion to reopen with new facts or evidence within 33 days of this decision.
Download the Full Petition Review Here
