All Cases
21 cases · 0 approved / sustained · 17 denied / dismissed · 4 remanded
Others
Entertainment · Argentina
USCIS EB-1A rfe dismissed
2025-04-10
The Petitioner failed to meet at least three EB-1A criteria, satisfying only the artistic display criterion. Claims for awards, published material, original contributions, leading roles, high salary, and commercial success were rejected due to lack of evidence of national/international recognition, missing authorship/circulation data, and failure to show major significance in the field.
Marketing Manager
Entertainment · Venezuela
USCIS EB-1A rfe dismissed
2025-03-25
The Petitioner failed to meet any of the ten EB-1A criteria. While she received awards, they lacked evidence of national or international recognition; her memberships did not require outstanding achievements; and her published materials were not shown to be in major media. Although she performed a critical role for her employer, the organization was not proven to have a distinguished reputation.
Director
Entertainment · Brazil
USCIS EB-1A dismissed
Florida 2024-11-18
The Director found only one criterion met (published material about himself and his work). The AAO concluded the Petitioner did not meet criteria for original contributions of major significance, performing in a leading or critical role for distinguished organizations, or commercial successes in the performing arts. Evidence did not show major significance of contributions, the company's distinguished reputation, or commercial success through sales volumes or box office receipts. The record did not demonstrate the Petitioner is among the small percentage at the very top of the field.
Others
Entertainment
USCIS EB-1A rfe remanded
2024-09-25
The AAO remanded the case because the Director's decision lacked sufficient analysis and discussion of the evidence, reaching conclusory findings without proper explanation. Specifically, the Director failed to adequately address all claimed evidentiary criteria, improperly dismissed evidence due to perceived translation certification issues without explaining the problem, and incorrectly stated that employment verification letters were not provided. The decision did not fully explain the reasons for denial, hindering a fair appeal and meaningful appellate review.
Director
Entertainment · Georgia
USCIS EB-1A remanded
2024-09-04
The AAO withdrew the Director's decision because it found the Petitioner met three of the ten EB-1A criteria, contrary to the Director's conclusion. Specifically, the Petitioner met the membership criterion by being an honorary member of the Georgian Film Academy, whose bylaws require 'historical significance for Georgia' and 'extraordinary success' for honorary members. The Petitioner also met the exhibitions criterion through directing numerous musicals and the leading role criterion by directing at distinguished Georgian theatres and a leading television station. The case was remanded for a final merits determination under the Kazarian framework.
Others
Entertainment
USCIS EB-1A rfe dismissed
2024-09-03
The motions to reopen and reconsider were dismissed because the Petitioner failed to present new facts or evidence to overcome the grounds for denial, which stated she did not establish a major internationally recognized award or meet three regulatory criteria. The Petitioner's arguments did not demonstrate legal or factual error in the prior appellate decision, nor did the resubmitted evidence satisfy any regulatory criteria as of the filing date.
Director
Entertainment · Russia
USCIS EB-1A dismissed
2024-08-20
The appeal was dismissed because the Petitioner's single national award from 2008 for screenwriting on a Russian TV show, while significant, did not demonstrate sustained acclaim over 13 years. Media coverage was limited to a documentary and two music videos, lacking evidence of industry impact commensurate with top-tier acclaim. His judging roles at two film festivals and a comedy competition show were noted, but not sufficiently corroborated to prove top-tier acclaim. Original contributions were not deemed of major significance to the field, and his leading/critical roles were not consistently at a level to garner top-tier recognition, especially when compared to the extensive accolades of his peers and letter authors.
Others
Entertainment
USCIS EB-1A rfe dismissed
2024-08-14
The appeal was dismissed because the Petitioner failed to provide evidence of individual awards, failed to establish the standing of publications as major media, and did not demonstrate the Beneficiary's participation as a judge of others' work with specific details. Additionally, the Petitioner did not provide comparable salary evidence for an 'Environment Concept Art Lead' position, instead offering data for less senior roles. The comparable evidence argument was also rejected as it referenced O-1 nonimmigrant criteria without proper justification for EB-1A.
Director
Entertainment · Turkey
USCIS EB-1A rfe remanded
2024-08-14
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.
Software Engineer
Entertainment · Canada
USCIS EB-1A remanded
2024-07-23
The Petitioner satisfied the original contributions criterion by providing evidence of the Beneficiary's innovations in a 2005 role-playing game that influenced industry standards for physics modeling and camera collision detection. The Director's previous denial was withdrawn because the Beneficiary now meets three initial criteria: leading/critical role, high salary, and original contributions. A final merits determination is required to assess sustained national or international acclaim.