All Cases
4 cases · 0 approved / sustained · 3 denied / dismissed · 1 remanded
Fashion Designer
Fashion
USCIS EB-1A dismissed
2024-11-12
The motion to reopen was dismissed because the Petitioner did not submit new facts supported by documentary evidence to warrant reopening the previous motion, which itself was dismissed as untimely. Even if the previous motion had been timely, it would have been dismissed on the merits because the Petitioner submitted a magazine article dated March-April 2024, which post-dates the petition's filing date of August 31, 2020, and thus could not demonstrate eligibility at the time of filing. The Petitioner also failed to identify any incorrect application of law or policy in the prior appeal decision.
Fashion Designer
Fashion
USCIS EB-1A remanded
2024-09-10
The Director denied the petition because the Petitioner did not demonstrate a major, internationally recognized award or meet three of the ten evidentiary criteria. The AAO found the Director erred, concluding the Petitioner met three criteria: 8 C.F.R. § 204.5(h)(3)(iii) (published material), 8 C.F.R. § 204.5(h)(3)(viii) (leading/critical role), and 8 C.F.R. § 204.5(h)(3)(vii) (artistic display). Specifically, the Petitioner's work with D- and its digital fashion designs displayed at C- and T- exhibitions were deemed her own artistic work. The matter was remanded for a final merits review to determine if the Petitioner has sustained national or international acclaim and is at the very top of her field.
Chief Executive Officer (CEO)
Fashion · Colombia
USCIS EB-1A rfe dismissed
Florida 2023-04-13
The appeal was dismissed because the Petitioner only met two of the ten criteria (published material and judging), failing to meet the minimum of three. Specifically, her participation in fashion markets was not considered 'artistic exhibitions,' and she did not qualify under 'commercial success in performing arts' as she is not a performing artist. Additionally, media coverage was limited to the year prior to filing, failing to show sustained acclaim.
Fashion Designer
Fashion · Venezuela
USCIS EB-1A rfe dismissed
Florida 2023-02-01
The appeal was dismissed because the Petitioner only met two criteria (judging and exhibitions) instead of the required three. The Mara de Oro award lacked evidence of national recognition, and the submitted articles in Panorama were deemed brief blurbs rather than substantial published material about the Petitioner. Additionally, the Petitioner did not prove her company had a distinguished reputation in the fashion industry.