dismissed EB-2 (NIW)

CEO/Entrepreneur

Spa And Beauty Services · 2024-01-03

Decision Date
2024-01-03
Location
Colorado
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 and expand a spa center in Colorado called 'Spa Relaxing Centre.' The endeavor involves providing beauty and spa services that mix eastern herbal treatments with western relaxation methods.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not offer broader implications for the industry or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the business plan projected revenue of $4.2 million and 29 employees by year five, the petitioner did not provide evidence to support these projections or show how the spa would impact the industry or economy beyond its local clientele.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Media Coverage

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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: 2024-01-03.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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