Date of Decision: November 17, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Personal Grooming and Business Management
Petitioner Information
Profession: Personal Grooming Industry Entrepreneur
Field: Personal Grooming and Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Motion to Reopen: Dismissed
Motion to Reconsider: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Academic Achievement: The Petitioner demonstrated eligibility under one of the criteria by providing an official academic record showing a degree in administration from a recognized institution.
Criteria Not Met:
- Work Experience: The Petitioner failed to provide sufficient evidence of having at least ten years of full-time experience in the occupation of personal grooming and business management. The letters provided did not adequately document the specific duties performed or confirm full-time work experience.
- Licensure or Certification: The Petitioner did not demonstrate holding a license or certification relevant to the profession of personal grooming or business management. The identity card provided did not meet the requirements to be considered as a professional license or certification.
- Recognition for Achievements: The Petitioner did not provide compelling evidence of recognition for achievements and significant contributions to the field by peers, governmental entities, or professional organizations. The recommendation letters submitted lacked specific details on how the Petitioner’s contributions were above those ordinarily encountered in the field.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to establish and manage a personal grooming business, including a barbershop and a training school for barbers. The endeavor aimed to promote job creation and provide skilled, well-trained barbers in the community.
Substantial Merit and National Importance:
The Director concluded that while the proposed endeavor may have substantial merit, it does not meet the threshold for national importance. The Petitioner’s proposed business is localized, serving primarily the customers of the barbershop and the students of the training school, without broader implications for the industry or the U.S. economy.
Final Merits Determination:
The Petitioner did not demonstrate that they possess exceptional ability or are well-positioned to advance the proposed endeavor. The Director noted that the Petitioner’s work experience and achievements were not sufficiently documented to establish that the Petitioner is exceptionally skilled or that the proposed business would have a significant impact on the industry or economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed further due to the Petitioner’s failure to satisfy the first two prongs regarding national importance and exceptional ability.
Supporting Documentation
Experience Letters:
The Petitioner provided letters from individuals who engaged the Petitioner’s services or attended vocational courses with the Petitioner. These letters lacked sufficient detail about the specific duties performed and did not confirm full-time employment.
Identity Card:
The Petitioner submitted an identity card from a regional administrative council, which was not accepted as a license or certification relevant to the proposed endeavor.
Recommendation Letters:
The letters of recommendation did not adequately demonstrate recognition of achievements or significant contributions to the field. The letters were vague and did not provide specific examples of how the Petitioner’s work had an impact beyond the immediate business.
Business Plan:
The Petitioner’s business plan outlined the operations of the proposed barbershop and training school. However, it did not provide evidence that the endeavor would have a broader impact on the U.S. economy or the personal grooming industry.
Conclusion
Final Determination: The appeal was denied, and the motions to reopen and reconsider were dismissed because the Petitioner did not establish that their proposed endeavor as a personal grooming industry entrepreneur would have national importance or broader implications for the U.S. economy or the field of personal grooming. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States.
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