Date of Decision: JAN. 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Beauty Industry
Petitioner Information
Profession: Entrepreneur
Field: Beauty Industry
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Possessing at least ten years of full-time experience in the occupation
- Possessing a license to practice the profession
Criteria Not Met:
- Official academic record from a qualifying institution
- Evidence of salary demonstrating exceptional ability
- Membership in professional associations
- Recognition for achievements and significant contributions to the industry
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to establish and operate hair salons in Florida and New York.
Substantial Merit and National Importance:
The review did not reach a conclusion on the national interest waiver due to the failure to meet the eligibility criteria for the EB-2 classification.
Supporting Evidence:
The petitioner provided evidence of over ten years of experience, a cosmetology license, and financial documents showing income from salon operations. However, the evidence of exceptional ability and significant contributions to the field was found insufficient.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the proposed endeavor, but the petitioner failed to establish eligibility based on the required criteria.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
Not applicable.
Conclusion
Final Determination:
The petitioner did not meet the required criteria to qualify as an individual of exceptional ability in the beauty industry and thus was not eligible for the EB-2 National Interest Waiver.
Reasoning:
The petitioner failed to satisfy three of the six regulatory criteria necessary for demonstrating exceptional ability, notably lacking in academic qualifications, professional recognition, and documented professional achievements relative to industry standards.
Download the Full Petition Review Here
