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Published Material in Professional or Trade Publications for EB1 Extraordinary Ability Patition

Hi William,

I received the Request For Evidence notice for my petition of EB1 Extraordinary Ability, in which USCIS asked for more evidence of the criteria of "Published material about the person in professional or major trade publications." It looks like that the USCIS officer does not accept the submitted evidence of my employer's publication about the company's business as "professional or major trade publication". Please help me for the understanding of the RFE, and what could I do for it?

Answer,

For the EB1 Extraordinary Ability criteria of published material about the person in professional or major trade publications, USCIS will determine whether the published material was related to the person and the person's specific work in the field for which classification is sought, and the provided evidence should include the title, date, and author of the material, and any necessary translation.

The published material should be about the alien beneficiary, relating to his or her work in the field, not just about the employer or another organization that the alien beneficiary is associated with. Marketing materials created for the purpose of selling the products or promoting the employer's services are not generally considered to be published material about the alien beneficiary.

Also, USCIS will determine whether the publication qualifies as a professional publication, major trade publication, or major media publication. Thus, the published material should not be employer's promotion publication for its product selling.

Evidence of published material in professional or major trade publications or in other major media publications about the alien beneficiary should establish that the circulation, online or in print, is high compared to other circulation statistics, and show who the intended audience is, as well as the title, date, and author of the material.

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