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    EB1 Green Card Law Review AAO January 07th 2011 Decision – Published Material About the Alien

    EB1 Law Review by Law Offices of Chris M. Ingram 

    Published Material About the Alien 

    In our pursuit of EB1 Green Card and O1 Visa legal excellence we are systematically reviewing every Administrative Appeal Office decisions that have been appealed. These cases are not our cases but any and all cases that have been appealed nationally. In continuously reviewing these decisions and learning from them we will continue to be the recognized leaders in this field of preparing successful cases for aliens of extraordinary ability. 

     

    January 7th 2011 – Published Material About the Alien (p6-7)

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    Source Case

    Published Material About the Alien – (AAO Decision January 7th 2011 p6-7)

    8 C.F.R § 204.5(h)(3)(iii) – Published material about the alien in professional or major trade publications or other major media relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

    Context

    In this case, the Petitioner submitted several Internet search results from Google Scholar showing dozens of cites to the beneficiary’s articles. On appeal, the Petitioner also submitted a citation index to the beneficiary’s body of work.

    AAO Discussion

    1. The articles citing the beneficiary’s work are about the authors’ work, not the footnoted criterion identifying the beneficiary.

    2. A footnoted reference to the alien’s work without evaluation is of minimal probative value

    3. The plain language of the criteria requires the published material to be about the alien relating to his work rather than simply about his work.

     

    AAO Decision

    While some of the evidence submitted for this category would be more relevant to 8 CFR § 204.5(h)(3)(v) and 8 CFR § 204.5(h)(3)(vi), the minimal discussions of the alien’s work with no mention of the alien himself does not meet the plain language of 8 CFR § 204.5(h)(3)(iii).

     

    *Cases Cited

    AAO cited no case law in this evidentiary construction. 

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