Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Children Literature Writer
by Victoria Chen, Esq., J.D.
Background: The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. s 1153(b)(1)(A), as an alien of extraordinary ability. The director determined that the petitioner had not established the sustained national or international acclaim required for classification as an alien of extraordinary ability as an author of children's literature.
USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies for classification as an alien of extraordinary ability.
Evidence: The record indicates that the petitioner has submitted documents demonstrating that he has achieved national recognition for his achievements evidenced by critical reviews or other published material by or about him in magazines and other publications, has had commercial success in the sales of his books, and has won the Book of the Year award.
In addition, evidence submitted established that the petitioner is a renowned young writer of children's books in the Spanish language. He has written nine books, which have been published in Mexico and sold throughout Latin America. The petitioner is a celebrated, best-selling author of children's books, has performed and directed theatrical entertainments in distinguished university venues, has received critical and commercial acclaim, and is sought by United States employers to provide a service for which he is uniquely trained and prepared.
AAO's Decision: The AAO found tat review of the record establishes that the petitioner has distinguished himself as an writer to such an extent that he may be said to be within the small percentage at the very top of his field, and that he has achieved sustained national acclaim. The evidence also has demonstrated that the beneficiary seeks to continue work in his area of expertise and that his entry into the United States will substantially benefit prospectively the United States. Therefore, the petitioner has established eligibility of the beneficiary pursuant to section 203(b)(1)(A) of the Act and the petition may be approved.