W is an outstanding designer active in film, TV, and music whose O-1 journey had many twists. The first filing, with premium processing, was denied after the officer mistakenly concluded that a union letter was required. The second was denied on the grounds that the future projects lacked distinguished recognition. The third, filed as a change of status after W entered on a visitor visa, drew an RFE requiring proof that W had not worked while visiting.

W had designed packaging for an e-cigarette product that was legal in California during certain periods but not under federal law, which became a sensitive point in the RFE.

We filed a Form I-290B appeal against the unreasonable second denial, citing approved precedents for similar projects as support. For the third RFE, we explained in detail the limits of W's activities while visiting and showed that the future work would not violate federal law.

After three filings and one appeal, W was finally granted the O-1 visa.