Date of Decision: July 15, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Writer
Field: Literature
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner provided evidence of receiving lesser nationally or internationally recognized prizes or awards.
Published Material About the Individual: The petitioner submitted published material about himself in professional or major media.
Participation as a Judge of the Work of Others: The petitioner demonstrated participation as a judge of the work of others in his field.
Criteria Not Met:
Original Contributions of Major Significance: Although the petitioner claimed to meet this criterion, a conclusive determination was not made due to the remand for further evidence and review.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided evidence of receiving lesser nationally or internationally recognized prizes, contributing to the satisfaction of this criterion.
Published Materials About the Petitioner:
The petitioner submitted articles and other published materials about his work, which were recognized as meeting this criterion.
Original Contributions of Major Significance:
The petitioner claimed original contributions of major significance in the field of literature, but further evidence was required to conclusively determine the satisfaction of this criterion.
Participation as a Judge:
The petitioner successfully demonstrated his participation as a judge of the work of others in his field.
Membership in Associations:
The petitioner’s memberships in associations were not specifically discussed in this decision.
Authorship of Scholarly Articles:
The petitioner’s authorship of scholarly articles was not specifically addressed in this decision.
Leading or Critical Role Performed:
The petitioner did not provide sufficient evidence to meet this criterion in the current decision.
Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, and Commercial Successes in the Performing Arts:
These criteria were not applicable or addressed in the current decision.
Supporting Documentation
The petitioner submitted letters of support, published articles, evidence of awards, and documentation of his roles as a judge. However, additional evidence was deemed necessary to fully establish his sustained national or international acclaim.
Conclusion
Final Determination:
The appeal resulted in a remand for further review and collection of additional evidence.
Reasoning:
The USCIS concluded that while the petitioner met some criteria, the totality of the evidence did not conclusively demonstrate the sustained national or international acclaim required for the EB1 classification. The Director was instructed to issue a request for further evidence and conduct a new final merits determination considering the totality of the record.
Next Steps:
The petitioner should gather and submit additional evidence to support his claims, particularly focusing on demonstrating his sustained national or international acclaim and the major significance of his contributions to the field of literature. The Director will then make a new final determination based on the supplemented record.
