Date of Decision: February 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Beauty and Aesthetics
Petitioner Information
Profession: Permanent Makeup Artist, Trainer, and Salon Owner
Field: Beauty and Aesthetics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability Established: Established only two of the six required criteria.
Criteria Not Met:
- National Importance of Endeavor: Failed to demonstrate the national importance of the proposed beauty salon and training center.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to operate an aesthetic beauty salon and training center, focusing on providing services to a broad audience, including special services to cancer patients.
Substantial Merit and National Importance:
While the endeavor was recognized for its substantial merit, it was not considered of national importance. The decision emphasized that the petitioner’s impact within the beauty industry and the broader economic implications were insufficiently substantiated.
Supporting Evidence:
Supporting evidence included letters of support and articles on economic impacts, which the Director found insufficient to prove national importance.
Inconsistencies in Proposed Endeavor:
A significant inconsistency noted was the late introduction of a project to provide free services to cancer patients, which was not considered due to its timing relative to the initial petition filing.
Supporting Documentation
Letters of Intent:
Not applicable as no specific letters of intent were detailed in the decision.
Business Plan:
The business plan’s impact analysis was found lacking in detailed substantiation for revenue and staffing projections.
Advisory Letter:
No specific advisory letters impacted the decision significantly.
Any other supporting documentation:
General evidence from industry articles was considered but found to be too broad to establish the specific national importance of the petitioner’s endeavor.
Conclusion
Final Determination:
The appeal was dismissed based on the failure to establish the national importance of the proposed endeavor. The focus was largely on the petitioner’s qualifications rather than the broader impact of the endeavor.
Reasoning:
The decision detailed a lack of specific and substantiated evidence regarding the endeavor’s potential impact and its national importance, adhering strictly to the criteria set forth under the Dhanasar framework.
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