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dismissed EB-1A RFE Issued

Journalist

Automotive Journalism · Brazil · 2024-09-13

Decision Date
2024-09-13
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

1 of 3 criteria met
Performance of a leading or critical role for organizations with a distinguished reputation (Met)

The Director initially concluded this criterion was met based on the Petitioner's leadership role within the Brazilian Automotive Press Association, and this was not contested on appeal.

Published material about the person in professional or major trade publications or other major media (Not Met)

The Petitioner failed to provide sufficient evidence that the publications were major media or that the articles were about his work as a journalist, rather than merely crediting him for photographs or discussing unrelated projects.

Participation as a judge of the work of others (Not Met)

The Petitioner's judging activities for automotive awards involved evaluating cars, not the work of other individuals in journalism or an allied field, thus not satisfying the plain language of the criterion.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance (Not Met)

The Petitioner's book and journalistic articles were not shown to have major significance in the field of journalism, lacking evidence of widespread citation, commentary, or impact beyond local use or general consumer information.

High salary or other significantly high remuneration (Not Met)

The Petitioner did not provide comparative data to demonstrate that his total monthly remuneration as a 'Parliamentary Assistant III' was significantly high relative to other similarly employed journalists in Brazil.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate meeting at least three of the ten EB-1A criteria. Specifically, published materials about the Petitioner did not relate to his work or were not in major media. Judging roles involved evaluating cars, not the work of other journalists. Original contributions (a book and articles) lacked documented major significance in journalism, with only 1,000 copies printed for the book. High salary claims were not substantiated with comparative data for total remuneration of similarly employed journalists, despite a base salary of R$ 3075.71 and total monthly payments ranging from R$ 7025 to R$ 8786.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish that the submitted publications were professional or major media and that the articles discussed the Petitioner's work as a journalist. It also sought to clarify how his claimed original contributions, particularly his book, were of major significance in the field of journalism. The Petitioner's response focused on an article in Falha de Sao Paulo and his book, but failed to adequately address the concerns regarding major media status or major significance in journalism.

RFE Targets
Published material about the person in professional or major trade publications or other major mediaOriginal scientific, scholarly, artistic, athletic, or business-related contributions of major significance

Evidence

Evidence Types
Reference Letters Independent
Judging Experience
Original Contributions
High Salary
Awards
Media Coverage
Evidence Submitted
  • Published materials in Brazilian print and online publications (A Vos do Pavo, Jornal do Interior, Jornal Votura, Cheiro do Mato, Comandonoticia.com, ShopCar News, Falha de Sao Paulo)
  • Participation as a jury member for the annual Brazilian Automotive Press Association's ABIAUTO awards
  • Participation as a jury member for Brazil's Top Car TV awards
  • Authorship of a book on the history of the municipality of I I
  • Publication of numerous original articles across various formats and platforms within the journalistic media landscape
  • Recommendation letters from fellow journalists and automotive executives
  • Pay statements from I I for November 2021 to January 2022
  • Brazilian Individual Income Tax Return for calendar year 2021
  • Salary Floor information for journalists published by the Union of Professional Journalists in the State of Sao Paolo
  • Salaries for journalists in Brazil, published by Glassdoor.com
  • Job duties and requirements for 'Parliamentary Assistant' positions within I I
  • Excerpt from a February 2019 resolution passed by the Board of the Legislative Assembly of the State of Sao Paulo

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Frequently Asked Questions

A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Related Pages

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