dismissed EB-2 (NIW)

Aesthetician

Aesthetics And Health Clinic · 2025-04-03

Decision Date
2025-04-03
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 petitioner proposes to operate an aesthetics and health clinic in Florida offering services such as facial treatments, body massages, waxing, hair removal, and makeup services. The endeavor aims to address public health challenges like stress reduction and pain management while employing U.S. workers.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on her experience and skills.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but fails on national importance because its impact is limited to local clients.

3 Waiver Benefit to the U.S. Not Met

The Director found the petitioner did not satisfy this prong, and the AAO declined to reach it.

Why This Petition Was Denied

The appeal was dismissed because the endeavor lacked national importance under Dhanasar prong 1. While the petitioner projected 11 direct and 38 indirect jobs and $717,288 in revenue by year five, these figures were deemed insufficient to show substantial positive economic effects on a regional or national scale.

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-04-03.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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