sustained EB-1A Case: Journalism

U.S. Citizenship 
and Immigration 
Services 
MATTER OF K-G-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 16,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a journalist, seeks classification as an individual of extraordinary ability. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. ~ 1153(b)(l)(A). This 
first preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements 
have been recognized in their field through extensive documentation. 
The Director of the Nebraska Service Center denied the Form I-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had satisfied only two of the initial evidentiary criteria. of 
which she must meet at least three. On appeal, the Petitioner submits additional evidence and argues 
that she has demonstrated eligibility for this classification. 
Upon de novo review. we will sustain the appeal. 
I. LAW 
Section 203(b)(l)(A) ofthe Act states: 
Aliens with extraordinary ability. --An alien is described in this subparagraph if-
(i) the alien has extraordinary ability in the sciences, arts. education, business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
The term "extraordinary ability" refers only to those individuals in ·'that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. ~ 204.5(h)(2). The implementing regulation at 
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Matter of K-G-
8 C.F.R. § 204.5(h)(3) sets forth two options tor satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is a major. 
internationally recognized award). Alternately, he or she must provide evidence that meets at least three 
ofthe criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items such as awards. published material 
in certain media, and scholarly articles). 
Where a petitioner meets these initial evidence requirements. we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. lf5,'C/S', 596 F.3d 1115 (9th Cir. 201 0) 
(discussing a two-pmt review where the documentation is first counted and then. if fulfilling the 
required number of criteria, considered in the context of a final merits determination): see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Ri;al v. USC!S, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the ·'truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility. both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Matter o{Chawathe, 25 I&N Dec. 369, 376 (AAO 201 0). 
II. ANALYSIS 
The Petitioner is a journalist currently serving as an editor with the Nepali publication 
in the United States. She contends that she has risen to the very top of her field and has 
received national acclaim for her editorial and writing coverage of issues affecting socially and 
politically marginalized groups including women and senior citizens. The Petitioner asserts that her 
work as a journalist has highlighted issues relating to women's empowerment and constitutional 
protections, which "ultimately helped government in the process of making policies... She further 
asserts that her work is considered by her peers and government ofticials to be of major significance 
in the field of journalism as a whole, especially in the area of ·'forging a link between the unheard 
voice and policy making." 
As the Petitioner has not established that she has received a major. internationally recognized award, 
she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3 )(i)-(x). In 
denying the petition, the Director found that the Petitioner met only the criteria pertaining to awards 
at 8 C.F.R. § 204.5(h)(3)(i) and judging at 8 C.F.R. § 204.5(h)(3)(iv). 
The record supports the Director's findings that the Petitioner meets the two criteria noted above. In 
addition, we find that she demonstrated that she meets the published material criterion under 8 
C.F.R. § 204.5(h)(3)(iii). Because the Petitioner has met three of the initial evidentiary criteria. as 
required, we will discuss the remaining documentation in the context of a final merits 
determination.' As discussed below, we find that the record in the aggregate shows, by a 
1 
On appeal, the Petitioner maintains that she also meets the criteria relating to: contributions of major significance at 
2 
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Matter of K-G-
preponderance of the evidence, that she enjoys sustained national acclaim and is situated among the 
small percentage at the top of her field. 
A. Evidentiary Criteria 
Documentation ol the alien's receipt olfesser nationa/~y or internationally recognized 
prizes or awards.f(Jr excellence in the field of' endeavor. 8 C.F.R. ~ 204.5(h)(3 )(i). 
The Petitioner submitted evidence that she is the recipient of the 2016 
award. president of provided a letter 
explaining that the organization "provides a national award every three years for the excellent 
women journalist focusing their work in the field of women empowerment at the national level." 
She further explains that the award was given to the Petitioner "'based upon her exemplary" work 
"using her pen against violence" and pressuring "the government for extensive rights to women in 
the new constitution." She also states that the judges include members of the 
and the The record also contains evidence that the 
Petitioner was awarded the ' given by the of Nepal. 
for her accomplishments in writing a column in the 
focused on raising awareness of senior citizen's issues. Her receipt of these awards was covered in 
several national daily newspapers in Nepal. As the record rctlccts these awards are nationally 
recognized for excellence, the Petitioner meets the plain language for the awards criterion at 
8 C.F.R. § 204.5(h)(3)(i). 
Evidence of the alien's participation. either individual~v or on a panel. as a judge ol 
the work of others in the same or an allied field ol specification for which 
class(fication is sought. 8 C.F.R. ~ 204.5(h)(3)(iv). 
The Petitioner offered evidence that she served as a judge for the 2011 
and " · and as a judge of 
the We therefore agree with the Director 
that the evidence provided meets the requirements of the regulation. 
Published material about the alien in professional or major trade publications or other 
major media, relating to the alien's ·work in the fieldfhr which classification is sought. 
Such evidence shall include the title. date. and author olfhe material. and any necessm:r 
translation. 8 C.F.R. § 204.5(h)(3)(iii). 
The Director found the Petitioner did not meet this criterion. Upon a review of the record, however, 
we find she has provided evidence that news about her professional accomplishments has been 
published in major media. 
8 C.F.R. § 204.5(h)(3)(v), leading or critical role at 8 C.F.R. § 204.5(h)(3)(viii), and remuneration at 8 C.F.R. 
§ 204.5(h)(3)(ix). We will consider the evidence relating to these criteria in our final merits determination. 
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Matter of K-G-
The Petitioner provided several feature articles and full-length interviews about her work which 
were published in national newspapers in Nepal. For example, the Petitioner's work and her receipt 
of a national award were featured in an article published in 111 20 I 0. 
The record includes a letter from the chairman of the 
who states that his organization registers and maintains circulation statistics for print media in Nepal. 
He indicates that is the number one ranked national newspaper in Nepal 
with a daily circulation of 350,000. Furthermore, the record includes articles about the Petitioner 
and her work covering issues related to women's and seniors' rights in Nepal published in 
and all newspapers with national 
circulation, along with evidence that she has been interviewed on discussing 
issues relating to violence against women. Thus, we find that the record includes published material 
about the Petitioner in major media. 
Accordingly, the Petitioner has provided the required initial evidence that meets at least three of the 
ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
B. Final Merits Determination 
In a final merits determination, we examine the material collectively to detennine if it demonstrates, by 
a preponderance of the evidence, that a petitioner has sustained national or international acclaim. and 
achievements recognized in the field through extensive documentation. The Petitioner has 
documented her pioneering journalistic research and reporting, the impact that it has had on the 
political and legal landscape pertaining to women and other marginalized groups in NepaL letters 
from experts in her field, data on the prestige related to newspapers that published her work. and 
evidence of the media attention that her reporting generated. 
The record reflects the Petitioner has received several awards that have recognition at the national 
level, demonstrating a national awareness of her work. In addition. she has long served as one of six 
credited associate editors of the most widely-circulated newspaper in NepaL 
where she has earned numerous accolades ti"om the highest public officials in Nepal, 
demonstrating a degree of recognition and name exposure consistent with national acclaim. 
For example, her work resulted in multiple feature publications in 
advocating for a revised constitutional definition of citizenship in Nepal. Previously in NepaL a 
child's status as a Nepali citizen was predicated on the citizenship of his or her mother and father. 
The Petitioner wrote numerous feature articles advocating for a change to the Nepali constitution 
that would afford a child citizenship based upon his/her mother or father's status as a Nepali citizen. 
Several letters from government leaders and prominent journalists commend her reporting as 
"instrumental'' to bringing this issue to the forefront of Nepali constitutional debate and ultimately 
leading to a change to the Nepali constitution. Furthermore. the Petitioner· s writing was recognized 
as critical to the success of the movement, a protest movement calling on the 
Nepali state to better address the problem of impunity and gender-based violence following the 
sexual assault of a Nepali woman by police. editor-in-chief and senior vice 
4 
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Matter of K-G-
president of the states that the Petitioner's news articles exposing the 
injustice and advocating for reform "played a significant role in punishing the guilty and taking that 
revolution to the end.'' Multiple national media publications. such as 
and also reported on the Petitioner's work, thereby confirming its national 
impact. 
Further, the record reflects that the Petitioner served as editor and founder of a section of the 
This role further demonstrates her status as an experienced journalist who 
has influenced the field at a level consistent with national acclaim. The record includes a letter from 
chief editor of who indicates that the 
Petitioner "lobbied successfully'' for the founding of a department dedicated to covering women· s 
issues, which led to an increase in readership and "increased the business of the · Similarly, 
the corporate operations manager for writes that she was "one of the most influent nationally 
[sic]," establishing and leading the women's department. Additionally. as previously discussed. the 
record establishes that the is an organization with a distinguished reputation 
that enjoys the highest circulation among newspapers in Nepal. 
With regard to the Petitioner's judging experience. we evaluate the significance of the evidence 
submitted to determine if it is indicative of her extraordinary ability as required for this highly 
restrictive classification. See Kazarian, 596 F. 3d at 1121-22. Here, the record indicates that she 
was chosen to serve as a judge in the awards. Although she judged 
younger journalists, the general secretary of the federation confirms that the Petitioner was one of 
media figures" chosen to adjudicate the awards. and that her selection was based upon 
"her contributions in the fields of issues relating to women and elderly citizens," and the fact that 
"her writing has helped different agencies to formulate policies regarding these issues." We find this 
experience, together with her other achievements, to be consistent with a determination that the 
Petitioner is among the small percentage at the top of her field of endeavor. See 8 C.F.R. 
§ 204.5(h)(2). 
The influence of the Petitioner's work is further evidenced through recommendation letters from 
several senior government officials describing the Petitioner's reporting and its impact on policy and 
constitutional change in Nepal. 2 For example, the of the in Nepal, 
writes that her work has "drawn an attention of government and the 
concerned authority to implement" policies regarding the rights of women. Similarly, the record 
includes a letter signed by nine government and media leaders in Nepal including the of the 
of the 
in Nepal, and the former of the They state that the Petitioner 
"has been the leading journalist in writing about the issues of women and elderly citizens." and that 
"her writings have helped the government formulate policies" that are included in the new 
constitution of Nepal promulgated in 2015. 
2 
We discuss only a sampling of these letters, but have reviewed and considered each one. 
c: 
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Matter of K-G-
Additionally, the former of Nepal, writes that he was specifically 
influenced in his policy-making by the Petitioner's writing. He details how the Petitioner's work 
was instrumental in his formulation of new policies about the rights of women and senior citizens, 
and he commends her as a "path-founder of government." 
The record also includes ample documentary evidence supporting the aforementioned reference s· 
statements regarding the significance and originality of the Petitioner· s work. 
III. CONCLUSION 
When considered in its totality, the evidence submitted supports a finding that the Petitioner 
possesses extraordinary ability consistent with a finding that she is one of a small percentage at the 
very top of the field of endeavor and that she has documented sustained national acclaim. S'ee 
section 203(b)(1 )(A) of the Act; 8 C.F.R. § 204.5(h)(2), (3 ); Kazarian, 596 F.3d at 1119-20. 
ORDER: The appeal is sustained. 
Cite as Matter of'K-G- , ID# 595327 (AAO Nov. 16, 20 17)