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 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.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
USCIS found that the proposed endeavor had substantial merit but failed to demonstrate national importance, as the petitioner did not provide objective evidence to show a broad impact beyond her immediate clients or employees on the field or the U.S. economy.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor had national importance, a requirement of the first Dhanasar prong. While the business plan projected hiring 44 individuals, generating $1,522,480 in payroll expenses, $228,372 in payroll taxes, and a net profit of $449,393 by the fifth year, these projections lacked objective support and failed to show a national economic impact. The letters of recommendation, while complimentary, focused on the petitioner's individual skills rather than the national importance of the endeavor. Furthermore, a material change in the proposed endeavor regarding office space was noted, which limited the evidentiary value of the business plan.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence, and in response, the petitioner submitted a business plan. However, this business plan was considered to have limited evidentiary value due to a material change in the proposed endeavor and the principle that eligibility must be established at the time of filing.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to work as an independent contractor and skincare consultant, establishing a beauty salon in New York. This salon will offer advanced skincare treatments, aesthetic enhancements, wellness-oriented beauty consultations, and personalized botox services tailored to individual client needs.
The Petitioner proposes to operate a chain of hair salons in Florida offering hair and nail products and services, as well as workshops to train beauty sector professionals. Additionally, the endeavor includes providing business coaching to other salon owners to help them improve performance, expand, and create jobs.
The Petitioner, a hairstylist, proposed to continue her work in the United States, specifically focusing on cosmetology services and potentially operating a business as indicated by her 2020 tax returns and business plan.
The petitioner proposes to own and operate a medical clinic in New York specializing in aesthetic and cosmetic nursing. The clinic would provide specialized care for skin lesions, peeling treatments, tattoo removal, diabetic foot treatments, and home care nursing consultations. Additionally, she intends to offer basic dressing change courses and teleconsultations.
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.
