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dismissed EB-2 (NIW)

Cosmetologist

Cosmetology · 2024-11-22

Decision Date
2024-11-22
Location
New York
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 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.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor. Met

The Director found the Petitioner is well-positioned to advance her proposed endeavor, acknowledging her exceptional ability.

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

The Director determined the proposed endeavor has substantial merit, but the Petitioner did not sufficiently demonstrate its national importance, as it would not extend beyond her company and clients.

3 On balance, waiving the job offer requirement would benefit the United States. Not Met

USCIS declined to address this prong, as the failure to meet the first prong was dispositive of the appeal.

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 Dhanasar prong. The Director found that the endeavor would not sufficiently extend beyond her company and clients, nor would it broadly impact the cosmetology field or U.S. economy. The business plan's projections for 11 employees and $1.5 million in revenue by year five were not supported by sufficient details to demonstrate substantial positive economic effects.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Industry Reports

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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: 2024-11-22.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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