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dismissed EB-2 (NIW)

Entrepreneur / Chief Executive Officer

Aesthetician Clinic / Medical Aesthetics Industry · 2024-08-05

Decision Date
2024-08-05
Location
Florida
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The proposed endeavor is to develop and serve as the chief executive officer of an aesthetician clinic providing procedures such as botulinum toxin, facial and neck dermal fillers, lips dermal fillers, PDQ threads, and radiesse collagen injectables. The clinic will be headquartered in Florida with additional businesses in Georgia and California, focusing on women aged 40 to 64.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found the endeavor had substantial merit but failed to demonstrate national importance, as its impact was not shown to extend broadly beyond individual clients or have significant economic effects commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of the proposed endeavor, thus failing to meet the first prong of the Dhanasar framework. While the endeavor had substantial merit, the projected job creation (14-45 employees, 90 indirect jobs) and economic effects (net income increasing to $1,058,514 in five years) were not deemed significant enough within an industry generating $2.9 billion and employing 164,848 people. Expert letters praised the Petitioner's past work but did not specifically address the national impact of the proposed endeavor.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Government Alignment

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-05.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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