Date of Decision: March 12, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Rabbi and Historian
Field: Religious Studies and History
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
- None
Criteria Not Met
- Authorship of Scholarly Articles: The petitioner claimed authorship of two books, but did not show they were published in professional or major trade publications or other major media. USCIS determined the plain language requirement of the regulation was not met.
- Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner submitted a Rabbinical Certificate, but USCIS found it was not a prize or award for excellence as required. On appeal, he did not rebut the Director’s findings or provide evidence that the certificate qualified under this criterion.
- Original Contributions and Leading or Critical Role: Although claimed, USCIS did not analyze these criteria because the petitioner failed to meet the minimum requirement of three evidentiary criteria overall.
Key Points from the Decision
- Lack of Evidence for Scholarly Articles: The petitioner did not establish that his books appeared in qualifying professional or major media outlets.
- Certificate Not a Prize or Award: The Rabbinical Certificate was not considered a nationally or internationally recognized prize for excellence.
- Failure to Rebut Director’s Findings: On appeal, the petitioner repeated previous arguments without addressing the Director’s specific conclusions.
- Reserved Analysis on Other Criteria: USCIS declined to analyze claims of original contributions and leading or critical role because the minimum threshold of three criteria was not met.
Final Merits Determination
Because the petitioner did not demonstrate at least three regulatory criteria, USCIS concluded that he did not meet the evidentiary threshold. Therefore, the appeal was dismissed without a full final merits determination. Even when reviewed in totality, the record did not demonstrate that the petitioner achieved sustained national or international acclaim or that he is among the small percentage at the very top of his field.
Supporting Documentation
- Two Books: Submitted as evidence of scholarly authorship but not published in qualifying outlets.
- Rabbinical Certificate: Submitted as evidence of an award but not accepted as meeting the regulatory requirements.
- Appeal Arguments: General restatement of earlier claims without addressing legal or factual errors.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner did not meet at least three evidentiary criteria and failed to establish sustained national or international acclaim or recognition as being at the very top of his field.
