Date of Decision: August 28, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Religious Faith Writer and Advocate for the Disabled
Field: Faith-Based Advocacy and Disability Rights
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). However, the Director determined the petitioner met only one criterion.
Criteria Met:
- Authorship of Scholarly Articles:
- The petitioner authored several articles on religious faith and disability advocacy, including one published in American Ideals and others in Kenyan publications.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner submitted evidence of receiving an award for contributions to the Catholic Church. However, the evidence showed the award was given for general service to the church rather than for excellence in the petitioner’s specific field of endeavor.
- Published Material About the Petitioner:
- Articles from The East African Standard and Kenya Times were submitted. However, evidence failed to establish that these publications qualified as major media under the regulation.
- Display of Work at Artistic Exhibitions or Showcases:
- No evidence was provided to support this criterion.
Key Points from the Decision
Authorship of Articles:
- The petitioner’s scholarly articles were acknowledged. However, citation metrics and field-wide influence were not sufficiently demonstrated.
Published Material About the Petitioner:
- Articles from The East African Standard and Kenya Times were cited. However, the AAO determined that broad claims about the prominence of these publications, supported primarily by self-promotional material, were insufficient to establish them as major media.
Award Significance:
- The petitioner’s Catholic Church-related award was deemed insufficient for demonstrating field-specific recognition for extraordinary ability.
Director’s and AAO’s Determinations:
- The AAO agreed with the Director’s findings that the petitioner failed to meet at least three criteria and did not demonstrate sustained national or international acclaim.
Eligibility at Filing:
- Evidence submitted related to post-filing achievements was not considered, as eligibility must be established at the time of filing under 8 C.F.R. § 103.2(b)(1).
Supporting Documentation
Authorship Evidence: Scholarly articles published in trade and religious journals.
Published Material Evidence: Media coverage from regional publications in Kenya.
Award Evidence: Documentation of a Catholic Church-related award.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met one regulatory criterion under 8 C.F.R. § 204.5(h)(3). However, the record failed to demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of the field of faith-based advocacy and disability rights.
