remanded EB-1A RFE Issued

Producer

Entertainment Industry · Turkey · 2024-08-14

Decision Date
2024-08-14
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

3 of 3 criteria met
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance (Met)

The Petitioner demonstrated major significance through her efforts to establish union rights for advertising professionals in Turkey, co-founding an organization that successfully advocated for legislative changes, addressing substandard working conditions, and highlighting the industry's significant economic contributions.

Display of work at artistic exhibitions or showcases (Met)

The Director determined, and the record supported, that the Petitioner met this criterion through the display of her work at artistic exhibitions or showcases.

Performance in a leading or critical role for organizations or establishments that have a distinguished reputation (Met)

The Petitioner served in leading and critical roles as Head of Production for an internationally known advertising agency, successfully leading award-winning campaigns for distinguished clients like Netflix and Amnesty International, demonstrating the distinguished reputation of the organizations and her critical contributions.

Lesser nationally or internationally recognized prizes or awards for excellence (Not Met)

The Director concluded the evidence was insufficient to ascertain if awards were nationally or internationally recognized, without providing analysis. The AAO did not overturn this finding but instructed the Director to fully evaluate the evidence on remand.

Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields (Not Met)

The Petitioner did not dispute the Director's conclusion regarding this criterion on appeal, and thus the issue was deemed waived.

Why This Petition Was Remanded

The AAO found that the Director erred in evaluating the evidence for original contributions and leading/critical roles. The Petitioner demonstrated original contributions of major significance by co-founding and serving as Vice-Chairman for an organization that successfully advocated for union rights for advertising professionals in Turkey, leading to the incorporation of the 'Advertising Professionals Union' into the 'Turkish Cinema and Broadcasting Union'. This effort addressed substandard working conditions and highlighted advertisers' $120 billion annual contribution to Turkey's economy. The Petitioner also demonstrated leading/critical roles as Head of Production for an internationally known advertising agency, successfully leading campaigns for clients like Netflix, which garnered multiple awards (e.g., Best Social Media Campaign, Best Digital Art Direction, Best Branded Film Content). Another campaign for Amnesty International, highlighting imprisoned journalists, generated over 1.2 million impressions and reached 3 million people in Turkey, winning a Golden Drum award.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for the original contributions criterion, generally referencing the submitted documentation without specific analysis. The Director concluded the initial evidence was insufficient to meet the criterion.

RFE Targets
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance

Evidence

Evidence Types
Awards
Media Coverage
Reference Letters Dependent
Original Contributions
Evidence Submitted
  • Awards received as part of production teams for numerous advertising campaigns
  • Letter from Turkey's president of Cinema and Broadcasting Union detailing efforts to establish union rights for advertising professionals
  • Articles from objective media sources corroborating efforts for unionization
  • Letters of recommendation detailing contributions to successful ad campaigns and awards garnered
  • Campaign for Netflix (Ebru painting on water series) winning multiple Kristal Elma and Felisfest awards
  • Campaign for Amnesty International (hashtag #GazetecilikSuçDeğildir) generating 1.2 million impressions and reaching 3 million people, winning a Golden Drum award

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Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-14.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 3 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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