dismissed EB-2 (NIW)
Hairstylist
Cosmetology/Beauty Industry · 2024-05-14
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, 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.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not meet the required three criteria for exceptional ability; she failed to prove 10 years of full-time experience due to inconsistencies, her license was obtained after the filing date, her remuneration did not demonstrate exceptional ability relative to the field, and her membership in the Professional Beauty Association did not qualify as a professional association membership.
Evidence
Evidence Types
Professional Memberships
High Salary
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The motions to reopen and reconsider were dismissed because the petitioner failed to address the specific findings in the Director's denial or claim any erroneous conclusion of law or statement of fact in the Director's decision, which was the basis for the prior summary dismissal of the appeal. The petitioner's arguments in the motions were limited to the issues discussed in the summary dismissal and did not overcome the reasoning for that dismissal, specifically failing to address the AAO's determination that the appeal did not contest the Director's specific findings.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-14.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 2
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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