Date of Decision: February 2, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Vice President and Chief Content Officer
- Field: Media and Business News
- Nationality: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a judge of the work of others: The petitioner demonstrated participation as a judge of the work of others in their field.
Leading or critical role for distinguished organizations or establishments: The petitioner has held a leading and critical role at a distinguished media organization.
High remuneration for services: The petitioner provided evidence of a high salary in comparison to others in their field.
Criteria Not Met:
Published material about the alien in professional or major media: Although the petitioner submitted published materials, the significance of this coverage was not established. Many articles lacked author credits and appeared to be promotional rather than reflecting external acclaim.
Key Points from the Decision
Awards and Prizes Won: (not applicable)
No specific awards or prizes were cited in the decision.
Published Materials About the Petitioner:
The petitioner submitted various articles naming her as a top official of the media company. However, the evidence did not demonstrate the significance or impact of this coverage, and many articles appeared to be promotional.
Original Contributions of Major Significance: (not applicable)
No specific original contributions were highlighted.
Participation as a Judge:
The petitioner was recognized for her role as a judge in her field, meeting one of the required criteria.
Membership in Associations: (not applicable)
No memberships in associations were highlighted.
Authorship of Scholarly Articles: (not applicable)
No scholarly articles authored by the petitioner were cited.
Leading or Critical Role Performed:
The petitioner held a significant leadership position at a distinguished media organization, meeting one of the required criteria.
Artistic Exhibitions or Showcases: (not applicable)
No artistic exhibitions or showcases were mentioned.
Evidence of High Salary or Remuneration:
The petitioner provided documentation of a high salary, which was initially misinterpreted by the Director. Upon review, this criterion was met.
Commercial Successes in the Performing Arts: (not applicable)
No commercial successes in the performing arts were noted.
Supporting Documentation
The petitioner provided various forms of documentation to support her claims, including:
Pay statements and tax documents to establish high remuneration.
Articles and media coverage related to her role and achievements.
Evidence of her participation as a judge in her field.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner, although successful in her field, did not meet the stringent criteria required for classification as an individual of extraordinary ability. The evidence did not establish sustained national or international acclaim or demonstrate that the petitioner is among the small percentage at the very top of her field.
Next Steps:
For future petitions, it is recommended that the petitioner provide more substantial evidence demonstrating widespread recognition and acclaim within her field, beyond internal or promotional materials.
