How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the beauty and wellness industry industry affect EB-2 NIW petition outcomes?

The beauty and wellness industry sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW)

Well-Being Consultant

Beauty And Wellness Industry · 2024-08-01

Decision Date

2024-08-01

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 a beauty and wellness consultancy firm that will provide training workshops and wellness services to clients, aiming to help the American population achieve desired wellness outcomes and contribute to the growth and advancement of the U.S. beauty and wellness industry.

Framework Evaluation

0 of 3 criteria met

1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner did not demonstrate that her beauty and wellness consultancy firm's impact would extend beyond individual clients and trainees to affect the field or economy more broadly at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the evidence, including a report on industry growth and a business plan projecting $57,670 in year one revenue, did not sufficiently demonstrate a national impact beyond individual clients or substantial positive economic effects. The decision also noted the petitioner did not provide a translated transcript for her purported bachelor's degree, failing to establish eligibility as an advanced degree professional.

Evidence

Evidence Types

Reference Letters Dependent

Commercial Success

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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: 2024-08-01.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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