Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Barber And Barber Instructor

Personal Care Services / Barbering · Brazil · 2024-04-23

Decision Date
2024-04-23
Location
South Florida
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 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.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not sufficiently impact the industry or economy broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability, failing all four claimed criteria. Additionally, the proposed endeavor lacked national importance under the Dhanasar framework, as the projected creation of seven jobs and $550,000 in revenue was insufficient to demonstrate a broader national impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the Dhanasar prongs and EB-2 eligibility. The petitioner provided a business plan and letters, but they failed to establish national importance or exceptional ability.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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.

Hair Stylist

Hair and Beauty

USCIS EB-2 (NIW) rfe remanded
2024-11-04
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.

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 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

More dismissed cases More Others cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-23.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil 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