3:18-cv-01200
S.D. Cal.May 31, 2019Background
- Plaintiff Dr. Corinne Jenni (through Strategati, LLC) filed an I-140 petition in Jan. 2018 seeking classification as an alien of extraordinary ability (EB-1A) in small business strategy; USCIS denied the petition and plaintiffs sought judicial review under the APA.
- Dr. Jenni submitted two 2017 Bronze Stevie Awards and additional documentary evidence (membership lists, publications, patent/application, book chapters, conference presentations, client letter, support letters) and responded to an RFE.
- USCIS found the Stevie Awards were not a “major, internationally recognized” one-time achievement and concluded Jenni met only two of the ten regulatory evidentiary criteria (judge of others and authorship of articles), not the required three.
- USCIS explained shortcomings as to several criteria: lack of award-selection criteria, memberships not shown to require outstanding achievement, publications not in major media or not about petitioner, contributions not shown to be of "major significance," leading roles not shown to be critical to organizations, and remuneration not shown to be high relative to top peers.
- The district court reviewed the administrative record under the APA (arbitrary-and-capricious/substantial-evidence standards) and affirmed USCIS’s denial, denying plaintiffs’ motion for summary judgment and granting defendants’ cross-motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jenni's two Bronze Stevie Awards qualify as a one-time "major, internationally recognized award" under 8 C.F.R. § 204.5(h)(3) | Stevie Awards are major, internationally recognized; supporting letters and media show prestige | Stevie Awards are not comparable to congressional examples (e.g., Nobel, Pulitzer); petitioner failed to produce judging criteria or evidence of international prominence | USCIS decision upheld: Stevie Awards are not a qualifying major, internationally recognized one-time achievement |
| Whether Jenni met at least three of the ten evidentiary criteria for EB-1A | Jenni met eight criteria based on awards, memberships, publications, roles, contributions, salary evidence, etc. | USCIS found only two criteria satisfied; the rest lacked required proof or were conclusory | Court upheld USCIS: petitioner did not meet three criteria; agency’s reasoning was not arbitrary or capricious |
| Whether Jenni’s documented contributions (patent/application, publications, presentations) establish "original contributions of major significance" | Patent, published works, presentations and support letters show original, field-significant contributions | Patent significance not demonstrated; letters are solicited and not independently corroborative of field-wide influence | USCIS decision upheld: contributions not shown to have major significance beyond clients/employers |
| Whether Jenni commanded a high salary relative to others in the field | Client letter and reported earnings show Jenni earns substantially more than peers | Evidence lacked industry top-level comparators; averages/local data insufficient for comparison | USCIS decision upheld: remuneration evidence did not demonstrate high salary "in relation to others in the field" |
Key Cases Cited
- Kazarian v. U.S. Citizenship & Immigration Servs., 596 F.3d 1115 (9th Cir. 2010) (framework for EB-1A evidentiary and merits review)
- Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29 (U.S. 1983) (arbitrary and capricious standard for agency action)
- Family Inc. v. U.S. Citizenship & Immigration Servs., 469 F.3d 1313 (9th Cir. 2006) (substantial-evidence review of agency factual findings)
- Rijal v. U.S. Citizenship & Immigration Servs., 772 F. Supp. 2d 1339 (W.D. Wash. 2011) (discussion of what may qualify as a "major, internationally recognized award")
- Repaka v. Beers, 993 F. Supp. 2d 1214 (S.D. Cal. 2014) (use of summary judgment to review agency record under the APA)
- Friends of the Clearwater v. Dombeck, 222 F.3d 552 (9th Cir. 2000) (narrowness of judicial review of agency decisions)
- Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (U.S. 1971) (administrative-record-based review under the APA)