Date of Decision: August 14, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Producer
Field: Entertainment and Advertising Production
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Original Contributions of Major Significance:
- The petitioner co-founded a platform advocating for artists’ rights in Turkey, resulting in legislative changes benefiting the advertising and production community.
- Display of Work at Artistic Exhibitions or Showcases:
- The petitioner’s work was recognized and showcased in global advertising campaigns and festivals.
- Performance in a Leading or Critical Role:
- The petitioner served as Head of Production at an internationally recognized advertising agency, leading major campaigns with significant social and commercial impact.
Key Points from the Decision
Original Contributions:
- The petitioner’s advocacy for advertisers’ union rights in Turkey was widely acknowledged, resulting in improved legal and economic conditions for the advertising community.
- Letters from industry leaders and statistical reports corroborated her pivotal role in driving legislative changes that brought substantial economic benefits to Turkey.
Artistic Showcases:
- The petitioner’s projects received awards at notable advertising and creative festivals, such as the Cannes Lions Festival, and were featured in major social responsibility campaigns.
Leadership Role:
- Evidence highlighted the petitioner’s leadership in campaigns that achieved international acclaim, including social media campaigns and public awareness initiatives.
- Specific projects, such as a campaign addressing press freedom in Turkey, reached millions of viewers and won multiple awards, underscoring the petitioner’s critical role in their success.
Director’s Errors:
The Director failed to fully evaluate the significance of the petitioner’s awards and original contributions. The AAO corrected these errors and found sufficient evidence to satisfy the regulatory criteria.
Remand for Final Merits Determination:
The AAO remanded the case to the Director to conduct a final merits determination and assess whether the petitioner’s accomplishments demonstrate sustained national or international acclaim, placing her among the small percentage at the very top of her field.
Supporting Documentation
Contribution Evidence: Letters and reports highlighting the petitioner’s advocacy and impact on Turkey’s advertising industry.
Showcase Evidence: Awards and recognitions from advertising festivals and exhibitions.
Leadership Evidence: Documentation of campaigns and projects led by the petitioner, with supporting letters and detailed campaign outcomes.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further analysis and decision-making.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now evaluate whether the petitioner demonstrates extraordinary ability and sustained acclaim in advertising and production.
