dismissed EB-2 NIW Case: Beauty Services

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUN. 17, 2024 In Re: 31508405 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a home beauty services business owner, seeks second preference immigrant 
classification as a member of the professions holding an advanced degree, as well as a national interest 
waiver of the job offer requirement attached to this EB-2 classification. See Immigration and 
Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but that she had not 
established that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. The matter is now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification 
for the underlying EB-2 visa classification, as either an advanced degree professional or an individual 
of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(B)(i) of the Act. 
Once a petitioner demonstrates eligibility as either a member of the professions holding an advanced 
degree or an individual of exceptional ability, they must then establish that they merit a discretionary 
waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of the Act. 
While neither the statute nor the pertinent regulations define the term "national interest," Matter of 
Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national 
interest waiver petitions. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) 
may, as matter of discretion, 1 grant a national interest waiver if the petitioner demonstrates that: 
1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third 
in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 
in nature). 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well positioned to advance the proposed endeavor; and 
• On balance, waiving the requirements of a job offer and a labor certification would benefit the 
United States. 
Id. 
II. ANALYSIS 
The Director determined that the Petitioner qualifies for underlying EB-2 classification as a member 
of the professions holding an advanced degree. The remaining issue to be determined is whether the 
Petitioner has established that waiver of the requirement of a job offer, and thus a labor certification, 
would be in the national interest. 
The Petitioner indicated that her proposed endeavor as an entrepreneur involves operating an at home 
beauty services and products application (app) business, ________ in the state of 
Florida, that will "further employment and contribute to the financial and economic independence of 
women in the United States." She stated that she will "promote and design unique methodologies for 
the generation of work in the United States for women, mothers, heads of family and professionals 
with previous knowledge in the beauty sector." The Petitioner further asserted that she "will carry out 
her undertaking through the implementation of her already successful app in Colombia which consists 
of offering home beauty services and beauty products provided by women that are mostly mothers and 
heads of households." She indicates that her work is "based on a collaborative economy where [her] 
company will serve as a seamless connection between people looking for beauty services in ... their 
home[s] and the skilled staff that can provide such service." The Petitioner went on to state: 
... Petitioner's work is nationally important to the U.S. as it will contribute to the 
inclusion of women, mothers, and heads of family in the economy by providing them 
with quality job opportunities in the United States, and seeks to reduce gender 
inequality. By using her extensive experience in marketing, advertising, social media 
management, customer management, and personnel management as well as her 
extensive knowledge of the beauty industry, she plans to connect people that are in 
need of beauty services from the comfort of their home to the skilled workers who can 
provide that type of service. Her work will without doubt help include working women 
into the economy and allow them to gain financial independence and contribute to their 
household income, which indeed helps alleviate poverty and reduce reliance on public 
assistance programs, contributing to overall national security and global 
competitiveness. 
The Director reviewed the totality of the evidence in the record, including the Petitioner's statements, 
business plan, company agreement, letters ofrecommendation, letters of interest for collaboration, and 
numerous articles and reports on the importance of women's employment and economic 
empowerment. The Petitioner's business plan specifically indicated that the business "is a beauty at 
home application that performs services and sells beauty and personal care products" and reiterated 
its intent to generate work for women in the United States. It indicated that it will connect customers 
with professional women in the area who will perform beauty or personal care services at the 
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customers' homes. It then projected that the business will expand to "beauty trucks" serv1cmg 
different areas ofl IFlorida in its first year and the opening of its first physical studio 
in thel IFlorida area in its second year. It further stated that the goal is "to have four to five 
beauty trncks that wi 11 be in charge of performing home services and ... expand [] coverage in different 
cities in Florida," open a physical location in its second year, and offer an "academy service for beauty 
events" where interested parties can learn or update their skills in beauty services. With respect to 
projected revenues, the business plan indicated that the goal is to generate annual revenues in excess 
of $360,000 between services and products and achieve an income of over $40,000 per year for 
"American mothers who are heads of households." With respect to staffing, the business plan 
identified the management strncture, including the Chief Executive Officer (CEO), marketing director, 
advertising agency, graphic designer, digital advertising, application development, financial 
management, and legal advisors. The business plan did not specifically provide information about the 
beauty service providers; the Petitioner's statement, however, indicated that the business will initially 
have "between 12 to 20 people" in different zones withinl IFlorida and aims to employ 60 by 
the end of a five-year period. She indicated that once the personnel is hired, the equipment will be 
delivered for services to be rendered. 
The Petitioner provided articles and reports 2 discussing the importance of women's employment and 
economic empowerment, particularly in the United States, and the growth and development of the 
beauty industry within the United States. These documents indicate the existence of a gender pay gap 
in the United States, a lack of "work-family policies" that keep women out of employment, and a lack 
of opportunities for women in the workplace. The Petitioner also submitted published materials by 
the White House and other government agencies to show that her proposed endeavor is nationally 
important because it promotes greater employment opportunities for women and addresses the 
inequity and gender wage gap within the U.S. workforce, which is closely tied to the U.S. 
government's interests. 
The Director determined that the Petitioner established the proposed endeavor's substantial merit but 
not its national importance. Regarding substantial merit, the endeavor's merits may be demonstrated 
in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or 
education. Dhanasar, 26 I&N Dec. at 889. 
On appeal, the Petitioner generally asserts that the Director's decision contains instances of a 
misunderstanding and misapplication of law, and primarily contends that she previously provided 
sufficient evidence to show the national importance of her proposed endeavor. The Petitioner contends 
that the record includes numerous articles and reports to demonstrate the national importance of the 
proposed endeavor, which were not thoroughly analyzed by the Director. The Petitioner asserts that 
the Director "underestimates the scope and impact of the Petitioner's proposed endeavor, erroneously 
limiting it to her organization and its clients, and overlooking most of the articles that showcase its 
potential to address significant national challenges related to gender inequality and the lack of 
economic opportunities for women, mothers, and heads of households." In reference to government 
initiatives, the Petitioner argues that "the provided articles indeed demonstrate an interest from the 
United States in harnessing the Petitioner's knowledge and expertise. In fact, the Petitioner's proposed 
2 The Petitioner submitted numerous articles and reports in the record. While we may not discuss every document 
submitted, we have reviewed and considered each one. 
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endeavor will provide greater employment and economic opporturnt1es for American women, 
promoting gender equality, economic inclusion, and wage equity, issues that have been the subject of 
numerous government initiatives." She states that her "endeavor is closely tied to the government's 
interest." 
Upon de novo review, we agree with the Director that the Petitioner's endeavor has substantial merit 
but does not satisfy the national importance element of Dhanasar's first prong. If the Petitioner does 
not meet the first prong, the evidence is dispositive in finding the Petitioner ineligible for the national 
interest waiver, and we need not address the second and third prongs. See id. (requiring that petitioners 
establish all three prongs in order to establish eligibility). 
The Petitioner maintains on appeal that her proposed work as an entrepreneur in the beauty services 
and products industry could benefit the United States as her business "will offer employment and 
professional development opportunities to women, thereby contributing to narrowing the wage gap 
and enhancing their participation in the national economy." The Petitioner indicates that her proposed 
"endeavor will assist American women in addressing [known] challenges[, such as wage inequality, 
sexual harassment, and the expectation to handle the majority of domestic and family tasks, even while 
working full-time]. Through her undertaking, the Petitioner will provide employment opportunities 
that offer flexibility and empowerment, enabling women to reconcile their work and family 
responsibilities, and thus improve their economic and professional position." 
In determining national importance, the relevant question is not the importance of the industry or 
profession in which the individual will work; instead we focus on the "the specific endeavor that the 
foreign national proposes to undertake." See id. at 889. Although the Petitioner emphasizes that her 
endeavor will employ and provide professional development opportunities for women in the United 
States, the Petitioner must demonstrate the national importance of her specific, proposed endeavor, of 
her particular services through her business, rather than the importance of any of the topics or the 
industry or the field. In Dhanasar, we further noted that "we look for broader implications" of the 
proposed endeavor and that "[a ]n undertaking may have national importance for example, because it 
has national or even global implications within a particular field." Id. In this case, we recognize that 
there is a gender wage gap in the United States, as well as other social issues affecting women in the 
workplace, as reported in the articles and reports submitted. However, while the government 
initiatives acknowledge the need to provide greater employment and economic opportunities for 
women in the United States, they do not indicate that government has an interest in the Petitioner's 
planned business activities to establish an at home beauty services and products app. The Petitioner 
has not shown how her proposed endeavor specifically has national implications within her particular 
field. 
The Petitioner has not otherwise provided sufficient evidence documenting the "potential prospective 
impact" of her work. Although again, the Petitioner's statements reflect her intention to employ and 
provide professional development opportunities for women within the beauty services industry, 
ultimately the proposed endeavor involves operating an at home beauty services and products app 
business, and she has not offered sufficient information and evidence to 
demonstrate that the prospective impact of her proposed endeavor rises to the level of national 
importance. In Dhanasar we determined that the petitioner's teaching activities did not rise to the 
level of having national importance because they would not impact his field more broadly. Id. at 893. 
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Here, we conclude that the record does not show that the Petitioner's proposed endeavor stands to 
sufficiently extend beyond her immediate clientele for beauty services and prospective employees as 
beauty service providers to impact the at home beauty services industry more broadly at a level 
commensurate with national importance. For instance, the Petitioner contends that her proposed 
endeavor will impact the economic and social welfare of women in the United States through 
employment. However, the Petitioner did not establish how her services or business would have a 
broader impact on women's employment as beauty service providers rather than limited to providing 
services involving the Petitioner's app or her business or clients in thel IFlorida area. 
Furthermore, the Petitioner has not demonstrated that the specific endeavor she proposes to undertake 
has significant potential to employ U.S. workers or otherwise offers substantial positive economic 
effects for our nation. See id. at 889 ("An endeavor that has significant potential to employ U.S. 
workers or has other substantial positive economic effects, particularly in an economically depressed 
area, ... may well be understood to have national importance."). Specifically, she has not shown that 
her company's future staffing levels, business activity, and associated tax revenue stand to provide 
substantial economic benefits in Florida or the United States. While the Petitioner's business plan 
indicates that the company has growth potential, it does not demonstrate that benefits to the regional 
or national economy resulting from the Petitioner's undertaking would reach the level of "substantial 
positive economic effects" contemplated by Dhanasar. Id. at 890. In addition, although the Petitioner 
asserts that her company will hire women to combat wage and opportunity inequalities in the United 
States, she has not offered sufficient evidence that the area where ________ _.operates is 
economically depressed, that she would employ a significant population of workers in that area, or 
that her endeavor would offer the region or its population a substantial economic benefit through 
employment levels, business activity, or tax revenue. Moreover, while the Petitioner contends that 
her proposed endeavor will improve the economic and social welfare of women in the United States, 
she has not shown that the prospective impact of the beauty services performed by her company 
represents a significant share of the beauty services industry. Accordingly, the Petitioner's proposed 
work does not meet the first prong of the Dhanasar framework. 
Because the documentation in the record does not establish the national importance of her proposed 
endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not 
demonstrated eligibility for a national interest waiver. Since this issue is dispositive of the Petitioner's 
appeal, we decline to reach and hereby reserve the appellate arguments regarding her eligibility under 
the second and third prongs outlined in Dhanasar. See INS v. Bagamasbad, 429 U.S. 24, 25 ( 1976) 
("courts and agencies are not required to make findings on issues the decision of which is unnecessary 
to the results they reach"); see also Matter ofL-A-C-, 26 I&N Dec. 516,526 n.7 (BIA 2015) (declining 
to reach alternative issues on appeal where an applicant is otherwise ineligible). 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that she has not established she is eligible for or otherwise merits a national interest waiver 
as a matter of discretion. 
ORDER: The appeal is dismissed. 
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