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O-1 Victory in Vermont!

January 14, 2025 (1 min read)

Superlawyer Ava Benach reports:

"Friends, the jamón iberico is on me!  I am very excited to share this wonderful decision from Judge Crawford in Vermont finding that the USCIS denial of the José Andrés Group (fka “Think Food Group”) petition for an expert jamón slicer was arbitrary and capricious.  The court found that the USCIS decision was arbitrary and capricious because:

  • In evaluating whether the individual has achieved “national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines and other publications,” the court found that the USCIS insistence that such articles be about such recognition was beyond what the regulations required.  “The USCIS rejected Think Food Group’s evidence because the journalist did not comment directly on Ms. Garcia’s reputation, thus overlooking the obvious inference that only a practitioner of high reputation would be invited to perform in prominent national and international soccer and motor racing events.”  Also: “if a publication with national or international circulation writes and article or airs an interview with an individual regarding their work- or publishes an article by that individual on their topic of expertise- the very fact that such a major media source has chosen to feature that individual constitutes national or international recognition for the individual’s work.”
  • In evaluating whether the individual has earned “significant recognition from experts from organizations, critics, government agencies, or other recognized experts in the field,” the court faulted the USCIS because the USCIS’s “summary of the testimonial letters does not accord with their underlying language.”  The court goes through the testimonial letters and identifies all the discussion of Ms. Garcia’s achievements that the USCIS overlooked.

This decision is incredibly fun to read.  It has everything: Stephen Colbert, Gloria Estefan, a glorious description of jamón from Eric Ripert, the McLaren F1 paddock, and the court replacing statutory language of “alien” with “individual.”

Huge thanks to my co-counsel Brian Green, who gamely tried to show OIL counsel a video of Ms. Garcia cutting ham to persuade him not to go down his disastrous path.  The first plate of jamón goes to Brian.

The case is Think Food Group v. Jaddou, 2:23-cv-482 (D.Vt.)"

  

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