Charlotte, NC asked in Immigration Law for North Carolina

Q: How to meet EB-1A published material criteria when elements are missing?

I have applied for an EB-1A visa and submitted articles about me published in professional or major media outlets. These articles were missing some required elements like the date or author within the publications themselves. To address this, I provided official letters from the editors confirming the authenticity of the articles and the missing details (e.g., dates and authors). However, the USCIS officer rejected these articles, stating that the editorial letters do not satisfy USCIS requirements as they cannot substitute for the missing elements in the original publications. How can I address this issue to meet the criterion that requires evidence of published material to include a title, date, and author?

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James L. Arrasmith
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Answered

A: The USCIS typically insists on clear and complete documentation directly within the submitted publications. Since they've rejected the editorial letters, you'll need to provide additional external verification of the missing information. One effective strategy is to obtain archived versions of the articles through reputable third-party databases or archives, such as Internet Archive (Wayback Machine), professional databases, or recognized library archives, which clearly include the required elements.

Another approach is to secure notarized affidavits from independent experts or recognized industry professionals who can confirm the articles' authenticity, publication dates, authorship, and relevance. These affidavits should explicitly address the missing details and explain how the affiant possesses direct knowledge of the publication circumstances. Additionally, if the articles are available online, try submitting screenshots of web pages displaying the required information clearly, along with the website URL.

Finally, prepare a concise but persuasive explanatory statement to USCIS highlighting your efforts and clearly outlining why these alternative documents should satisfy their requirements. Your goal is to show diligence, authenticity, and credibility, emphasizing that despite the original omissions, you've adequately verified each article's legitimacy and significance. With these thorough steps, you significantly increase the likelihood that USCIS will reconsider and accept your published material criterion.

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