Date of Decision: November 5, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Writer, Blogger, and Political Analyst
Field: Economics and Politics
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Original Contributions of Major Significance:
The Petitioner’s work has been cited in academic journals and conferences, indicating some level of influence in the field. However, detailed impact and implementation across the field are lacking.
Authorship of Scholarly Articles:
The Petitioner authored an article titled ‘China Strategic Analysis,’ published by China Strategic Analysis, which meets this criterion.
Criteria Not Met:
Nationally or Internationally Recognized Awards:
The Petitioner claimed recognition from various Chinese blogging awards, but failed to demonstrate that these awards are nationally or internationally recognized for excellence in the field. The provided evidence lacked information about the criteria for selection and the national or international significance of the awards.
Published Material About the Petitioner:
An article published about the Petitioner did not meet all regulatory requirements, such as identifying the author and establishing the publication as a major media outlet.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner submitted evidence of several Chinese blogging awards, but these did not meet the USCIS standards for nationally or internationally recognized prizes. The documentation provided was insufficient to establish the awards’ significance and the criteria for selection.
Published Materials About the Petitioner:
An article about the Petitioner was provided, but it lacked the necessary details, such as the author’s identification and verification that the publication is a major media outlet.
Original Contributions of Major Significance:
Letters from experts stated that the Petitioner’s work had significant influence, but these letters lacked specific examples or detailed explanations of how his contributions impacted the field.
Authorship of Scholarly Articles:
The Petitioner met this criterion by authoring a recognized scholarly article in the field of political analysis.
Supporting Documentation
- Certificates of Awards: Provided for various Chinese blogging awards.
- Letters of Recommendation: Submitted by experts in Chinese and East Asian studies.
- Published Articles: Submitted articles citing the Petitioner’s work.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The evidence does not establish that the Petitioner meets at least three of the ten evidentiary criteria for extraordinary ability, nor does it demonstrate sustained national or international acclaim in his field. The letters of recommendation and the awards did not provide sufficient evidence of the Petitioner’s standing at the very top of his field.
Next Steps: The Petitioner may consider gathering more substantial evidence, including detailed documentation of awards, significant media coverage, and letters that clearly articulate the major significance of his contributions.
