Date of Decision: April 15, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sports Journalist
Field: Sports Journalism
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Individual in Professional or Major Media:
The Petitioner submitted evidence of articles and media coverage about her work as a sports journalist.
High Remuneration for Services:
The Petitioner provided documentation indicating that she received a high salary for her work as a sports journalist.
Criteria Not Met:
Original Contributions of Major Significance:
The Petitioner claimed various accomplishments but did not provide sufficient evidence of their major significance in the field.
Display at Artistic Exhibitions or Showcases:
The Petitioner’s television appearances and participation in competitive programs did not qualify as displays at artistic exhibitions or showcases.
Leading or Critical Role:
The Petitioner did not provide sufficient evidence to demonstrate that she held a leading or critical role for distinguished organizations or establishments.
Commercial Success in the Performing Arts:
The Petitioner did not meet the regulatory requirements for demonstrating commercial success in the performing arts.
Key Points from the Decision
Published Materials About the Petitioner:
Summary of Findings:
The Petitioner provided evidence of articles and media coverage about her work, which were published in professional or major media outlets.
Key Quotes or References:
“The Petitioner has documented an active and high-level career in sports journalism.”
Original Contributions of Major Significance:
Summary of Findings:
The Petitioner claimed to have made original contributions, such as creating a television documentary, but did not provide sufficient evidence of their major significance.
Key Quotes or References:
“The Petitioner asserts that she was the first female journalist hired… but the Petitioner has not established that being part of a new network’s initial hiring wave is an original contribution.”
Display at Artistic Exhibitions or Showcases:
Summary of Findings:
The Petitioner’s television appearances and participation in competitive programs did not qualify as displays at artistic exhibitions or showcases.
Key Quotes or References:
“The purpose of sports journalism is not to provide an ‘artistic exhibition or showcase’… but rather to inform viewers about sports-related matters.”
Leading or Critical Role:
Summary of Findings:
The Petitioner did not provide sufficient evidence to demonstrate that she held a leading or critical role for distinguished organizations or establishments.
Key Quotes or References:
“The record establishes the Petitioner’s involvement in high-profile sports journalism, but does not show that her role was critical for the publishers or broadcasters that employed her.”
Commercial Success in the Performing Arts:
Summary of Findings:
The Petitioner did not meet the regulatory requirements for demonstrating commercial success in the performing arts.
Key Quotes or References:
“The Petitioner asserts that the wording of the regulatory criterion is becoming ‘obsolete in our current digital world,’ and that television ratings should be considered.”
Supporting Documentation
Letters of Recommendation:
Letters from employers and colleagues praising the Petitioner’s work and contributions in the field of sports journalism.
Media Coverage:
Articles and media coverage documenting the Petitioner’s work and achievements as a sports journalist.
Salary Documentation:
Evidence of the Petitioner’s high remuneration for her work.
Conclusion
Final Determination: The appeal is dismissed, and the Petitioner does not qualify for classification as an individual of extraordinary ability.
Reasoning:
The Petitioner did not meet the initial evidence requirements for at least three of the ten criteria for extraordinary ability.
The evidence provided did not establish that the Petitioner’s achievements were of major significance or that she had sustained national or international acclaim.
Next Steps:
The Petitioner may consider gathering more substantial evidence of their achievements and contributions and reapplying or exploring other visa categories that may be more appropriate for their qualifications.
