Date of Decision: December 1, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professor of English
Field: English Language and Literature
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner claimed to have served as an adviser and evaluator for doctoral students. However, it was determined that his role was advisory rather than as a judge making a final determination regarding the candidate’s eligibility for a Ph.D.
Criteria Not Met:
- Published Materials About the Petitioner: There was an inconsistency in the evidence provided. One article incorrectly stated that the petitioner obtained a Ph.D. in Trauma Studies and contributed to this field through publications. This information conflicted with the petitioner’s evidence that he obtained a Ph.D. in English in 2018.
- Evidence of Continuing Work in the Area of Expertise: The petitioner did not provide clear evidence that he was coming to the United States to continue working in his area of expertise, which was identified as psychoanalysis and trauma studies, conflicting with his stated intention to teach English language and literature.
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner:
- An article incorrectly stated that the petitioner obtained a Ph.D. in Trauma Studies and contributed to the field of Trauma Studies through his publications. The article was published in the Journal of Cardiovascular Disease Research, which raised further questions about its relevance and accuracy.
Original Contributions of Major Significance: Not applicable
Participation as a Judge:
- The petitioner was invited to be a panelist at the Department Doctoral Board and on the Research Advisory Committee for Ph.D. pre-submission evaluation. However, his role was advisory rather than as a judge making final judgments.
Membership in Associations: Not addressed in the document
Authorship of Scholarly Articles: Not addressed in the document
Leading or Critical Role Performed: Not addressed in the document
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not addressed in the document
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
- Cover Letter (May 13, 2022): Stated intention to continue research in trauma studies and psychoanalysis.
- Printout of Petitioner’s Book: Claimed a doctorate in Trauma Studies, with interests in psychoanalysis.
- Recommendation Letters: New letters submitted on appeal, stating the petitioner’s intention to teach English language and literature.
- Education Evaluation: Provided to show the petitioner has a Ph.D. in English.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
- The petitioner failed to resolve inconsistencies in his evidence regarding his field of expertise.
- He did not demonstrate eligibility under at least three criteria required for the EB1 classification.
- The petitioner did not provide clear evidence of continuing work in his area of expertise in the United States.
Next Steps:
- Address inconsistencies in any future filings.
- Provide clear and objective evidence to support claims.
