This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner sought to establish and operate a skincare wellness business providing personalized esthetic services for acne and post-acne care to adolescents and adults, plus non-clinical management services to independent dermatology and psychology practices, with plans for a telehealth platform.
Field: skincare/esthetics business · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew USCIS's finding that Petitioner qualified as a member of the professions holding an advanced degree; her intended occupation as esthetician/business owner does not require a U.S. bachelor's degree or foreign equivalent as a minimum entry requirement, per O*NET data for Skincare Specialists.
Prong 1 — national importancenot established · dispositive
“The Petitioner, however, has not offered sufficient infmmation or insight about her proposed management services endeavor or evidence corroborating her claims that her business' activities have the potential to provide the claimed impacts.”
“Moreover, the growth and importance of an industry are not sufficient to meet the national importance requirement under the Dhanasar framework.”
“The record, however, does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.”
“The opinions lack details about the Petitioner' s proposed endeavor and mainly reiterate information and language from the Petitioner's business plan”
“Because the documentation in the record does not sufficiently establish the national importance of the Petitioner's proposed endeavor as required by the first prong of the Dhanasar precedent decision, she has not demonstrated eligibility for a national interest waiver.”
AAO decision text
How the evidence was treated
- business plan · discounted
“Mainly using general terms, the business plan generally describes the Petitioner's desire to improve the physical and mental health of adolescents and adults”
AAO decision text - recommendation letter · discounted
“The opinions lack details about the Petitioner's proposed endeavor and mainly reiterate information and language from the Petitioner's business plan”
AAO decision text - funding · discounted
“The Petitioner, however, has not provided independent, objective evidence sufficient to corroborate her claims that her business' activities have the potential to provide substantial economic benefits”
AAO decision text - degree · discounted
“she has not demonstrated that her intended occupation of working as an esthetician and managing her personalized skincare and management services business requires the minimum of a U.S. bachelor's degree”
AAO decision text - resume experience · discounted
“she has not sufficiently supported her assertions with independent and objective evidence”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
Notable
AAO first withdrew USCIS's favorable threshold EB-2 finding, holding the Petitioner's esthetician/business-owner occupation does not meet the 'member of professions' definition despite her advanced medical degree, then proceeded to also address and reject the Dhanasar prong 1 national importance basis USCIS had relied on, making both the threshold determination and prong 1 potentially dispositive grounds for dismissal.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.3
- 8 C.F.R. 103.5
- Flores v. Garland
- Matter of Caron Int'l
- Matter of D-R-
- Matter of E-M-
- Matter of L-A-C-
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