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EB1 Case Manager Training – Understanding PM-602-0005.1 – Published Materials About You

Published Materials About You

This category focuses on Published Materials written about our client.

This category is for those individuals who have had articles written about them in the press. You will often see industry press, but major media (think New York Times, Wall Street Journal) can be used as well. It is important to read the article and ensure that it is primarily about our client and their work in the field. Once you have established that, you can move on to gathering the individual pieces of evidence.

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Below is the evidence we use to establish published materials about you.

(1) Determine whether the published material was related to the alien and the alien’s specific work in the field for which classification is sought

(a) Cover of Publication or Website Home Page

(b) Full Copy of Inside Article – The title of the publication and date of publication must be visible in the copy

(2) Determine whether the publication qualifies as a professional publication or major trade publication or a major media publication

(a) Information About the Publication – Target of Business / Trade or Profession

(b) Information About Audience Publication is Targeting

(c) The circulation (online or print) of Publication

(d) The circulation (online or print) of Comparable Publications

 

Ok, let’s take a closer look at each element and how to properly satisfy it.

(1) Determine whether the published material was related to the alien and the alien’s specific work in the field for which classification is sought

In this section, you are showing that article about the client and the publication. At this stage, do not worry about establishing the information about the publication as that will come in the next section.

(a) Cover of Publication or Website Home Page

If you have a magazine or newspaper article that was printed physical publication, you will also need the cover of that publication. You should certainly request this from the client first, but you can find it online sometimes.

If the article under discussion was an online article, you will need to access the website that published the article and take a screen shot of the home screen.

(b) Full Copy of Inside Article – The title of the publication and date of publication must be visible in the copy

For the evidentiary record, we will need to see entire article. In some cases, the article may be short and fit on one page, and in other cases, the articles will be more extensive. Either way, we will need the entire article to be included in the application.

The article and the publication are equally important to this category.

(2) Determine whether the publication qualifies as a professional publication or major trade publication or a major media publication

This section will allow you to outline to US Immigration how this publication is relevant to the industry in which the client works. Additionally, we will need to show that the publication has some standing in the industry by using the comparable circulation. Oftentimes the media kit of a publication is a good place to start. Bear in mind that while the media kit is often accepted for parts (a) and (b), you should try very hard to verify the circulation of a publication with an outside source.

(a) Information About the Publication – Target of Business / Trade or Profession

This is your chance to show US Immigration what industry the publication is targeting. This will be important to the argument as we will need to ensure that the publication is part of the same industry as our client.

(b) Information About Audience Publication is Targeting

There will be times when section (a) will contain the information you need for this section. Beyond the mission and goals of the publication, you will want to see who is reading it. This may be a demographic breakdown or a simple sentence stating the target audience.

(c) The circulation (online or print) of Publication

As noted above, this information can often be found in the media kit of various organizations, however, wherever possible, you should seek to find outside evidence to establish the circulation of a publication.

It is important to be sure that you are provided the circulation data that correlates to the type of article. If you have a print article, the circulation should tell us about print readers; if the article is online, we need to see how many page views and / or unique users the website has.

(d) The circulation (online or print) of Comparable Publications

When you are working some of the more major media outlets, often you will be able to find news reports that rank the publications, and this is some of the best information to show where our client’s publication stands in comparison to others in the industry.

Oftentimes, however, you will need to do a good deal of research to identify at least three comparable publications with comparable circulations. This does not mean that our client’s publication has to have the most readers, but it should be in the same ballpark. For example, if our client’s publication has 10,000 readers, and we find a similar publication with 12,000 readers, this is usable evidence.

If our client’s publication has 10,000 readers and we find a similar publication with 100,000 readers, this is obviously not in our favor, so we would not want to use it. This theory goes the other way, too – if we find a similar publication with 1,000 readers, this is not particularly comparable to our publication and could cause US immigration to question the category if we are not providing appropriate comparisons. 

Conclusion 

As you can see, this category is fairly straightforward, but it is important to understand the requirements of USCIS, and what they expect to see in the articles that we submit. Often times, your clients will have a number of press items, but not all of them will be good for an EB1 application. It will be up to you to do the research and determine which articles will satisfy the criteria and which ones will not.

Practical Exercise – Print 3 Sample Arguments

As you print these, you should keep them on hand as a reference. Not only will you see the evidence that is provided, but you will see what your argument writer will be putting together on behalf of the client.

 Print the following case(s):

Tom Bird

Andrew Dawson

Jayalakshmi Radhakrisnan

You will need to study each argument and the evidence presented. These cases were selected deliberately to give you a cross section of the types of clients we work with, as well as the various ways we can present evidence to satisfy a category. Obviously an oil and gas engineer will vary significantly from a creative director, and it is important that you are able to develop evidence to ensure all types of cases are successful.

We are going to discuss the Judging category next.