Visalytics
Visalytics
remanded EB-2 (NIW) RFE Issued

Barber

Barber And Entrepreneur · 2024-11-04

Decision Date
2024-11-04
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 establish a beauty salon and act as a hairdresser instructor. The endeavor's reach appears limited to the petitioner's clients and students.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director determined this prong was not met, but the AAO found the analysis insufficient and based on inaccurate information, requiring re-evaluation.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

The Director determined this prong was not met, but the AAO found the explanation for this conclusion insufficient, requiring further analysis on remand.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director determined this prong was not met, and the AAO remanded for a more thorough analysis of the balancing factors if the Director maintains this conclusion.

Why This Petition Was Remanded

The Director denied the petition, concluding the petitioner did not establish eligibility under any Dhanasar prongs. The AAO withdrew the Director's decision and remanded the case due to inaccurate information, misquoted RFE discussions, and conclusory analysis regarding all three prongs, particularly the lack of sufficient analysis on national importance and the petitioner being well-positioned.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director's decision misquoted the RFE's discussion on national importance, leading to an insufficient analysis of the Petitioner's proposed endeavor. The AAO found this problematic and remanded for proper consideration.

RFE Targets
Proposed endeavor has substantial merit and national importance

Similar Cases

Others

Hair and Beauty

USCIS EB-2 (NIW) dismissed
2024-10-01
The petitioner proposes to develop a vocational training program for the personal care and barber field, including plans to offer free classes and apprenticeships. Additionally, the petitioner claims the established company will generate direct and indirect jobs and stimulate foreign investment in the American economy.

Others

Others · Brazil

USCIS EB-2 (NIW) rfe dismissed
South Florida 2024-04-23
The petitioner proposes to establish a barbershop and barber school business in South Florida, expanding to Texas and New York. He intends to work as a manager, barber, and instructor, offering hair services and vocational training to underprivileged youth to promote financial independence.

Hair Stylist

Hair and Beauty · Brazil

USCIS EB-2 (NIW) dismissed
Brazil 2025-02-13
The motion to reopen was dismissed because the Petitioner did not present new facts sufficient to overcome the prior decision, specifically failing to establish that institutions awarding certificates were 'institutions of learning' or that certificates were 'official academic records'. Additionally, a letter confirming ownership and employment as a barber manager for 6 years did not meet the 10-year experience criterion. The motion to reconsider was dismissed as the Petitioner did not demonstrate that the prior decision was based on an incorrect application of law or policy, merely broadly disagreeing with conclusions.

Others

Cosmetics · Russia

USCIS EB-2 (NIW) rfe dismissed
New York 2024-08-16
The petitioner proposes to pursue her endeavor as a business owner and cosmetology instructor, providing classes, workshops, and consulting services tailored to the beauty industry. The services will be offered online, with temporary rental spaces utilized for face-to-face events.

Frequently Asked Questions

A remanded EB-2 NIW petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

Browse More Cases

More remanded cases More Hair and Beauty cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-04.

Browse all cases

At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist