When applying for an EB1-A visa as a person of extraordinary ability, demonstrating your uniqueness and achievements is paramount. Among the ten criteria that USCIS evaluates, one that often presents challenges is the “authorship of scholarly articles in the field, in professional or major trade publications or other major media.” Immibadger, an immigration data research platform, provides access to non-precedent AAO decisions, allowing applicants to understand how their qualifications are evaluated. This post delves into what constitutes sufficient evidence under this criterion based on insights from an appeal decision.
What Is Considered a Scholarly Article?
According to the USCIS guidelines, a scholarly article must report on original research, experimentation, or philosophical discourse. It is generally authored by experts in the field, often affiliated with academic or research institutions, and typically peer-reviewed. The presence of footnotes, endnotes, or a bibliography, and possibly graphs or charts, is a hallmark of scholarly articles. For those outside academia, the article should be directed toward learned persons in the field, defined as individuals with profound knowledge acquired through study.
Evaluating Publications for USCIS Approval
When submitting evidence of scholarly articles, it’s not enough to just provide the articles themselves. USCIS also evaluates whether the publication qualifies as a professional or major trade publication or major media. Key factors include the intended audience and the publication’s circulation or readership compared to others in the field.
Appeal Review
Let’s look at this criteria by reviewing one of the appeals from the USCIS AAO decisions.
Petitioner Background
The petitioner in the appeal document seeks classification as an “alien of extraordinary ability” in the arts, specifically as a Director, Producer, Writer, and Instructor. The petitioner has a background in the arts with notable achievements in theater, including the creation of innovative styles and significant contributions to the theatrical field in Venezuela. The petitioner’s career includes the receipt of various awards, though most were dated from the 1970s to early 1990s, with some secondary evidence of more recent accolades. The petitioner has also held roles in different organizations within the arts, including educational institutions and media companies.
Case Review
In the case reviewed from the appeal document, the petitioner submitted several works that were purported to meet this criterion. However, USCIS found that the submissions fell short of their requirements. The issues highlighted include:
Insufficient Evidence of Scholarly Nature: The petitioner claimed authorship of books and participation in conferences and workshops. However, USCIS noted that the petitioner failed to provide evidence that these works were scholarly. For example, contracts and images of book covers were submitted, but no actual copies or excerpts from the books were provided to demonstrate their scholarly content.
Lack of Proper Translation and Certification: Many of the documents provided were not translated according to USCIS standards. Translations must be complete and certified, ensuring they are accurate and reliable. Incomplete translations or those with errors diminish the probative value of the evidence.
Failure to Establish Publication Standards: Even when the petitioner could demonstrate authorship, there was a failure to establish that the publications were professional or major media outlets. For USCIS, merely being published is not enough; the publication must be recognized within the field as significant.
Lessons for EB1-A Applicants
For EB1-A visa applicants, understanding how to document your authorship of scholarly articles effectively is crucial. Here are key takeaways based on the AAO’s decision:
Provide Complete and Certified Documentation: Ensure that all evidence, especially if in a foreign language, is accompanied by complete and certified translations. This includes full copies of published works with all necessary details like titles, dates, and authorship clearly documented.
Demonstrate Scholarly Nature: When submitting books or articles, include portions that clearly show the scholarly nature of the work — citations, peer reviews, and affiliation with reputable academic or professional institutions add significant weight.
Highlight the Publication’s Credentials: It’s not just about where you were published but proving that the publication is recognized and respected in your field. Provide evidence of the publication’s circulation, audience, and reputation to meet USCIS standards.
Immibadger’s platform can assist in sifting through similar cases and decisions, helping you understand the nuances of what has been accepted or rejected by USCIS in the past. By leveraging this resource, you can better prepare your EB1-A petition, focusing on what truly matters to meet the high standards set for aliens of extraordinary ability.