How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the electric vehicle charging solutions and services industry affect EB-2 NIW petition outcomes?

The electric vehicle charging solutions and services sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Electric Vehicle Charging Solutions And Services · 2025-02-13

Decision Date

2025-02-13

This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to develop and provide innovative Refueling EV-charging solutions and services in the United States. This includes offering smart EV charging controller software integration, EV charging services through proprietary stations, expert EV charger installation, subscription updates, tailored customization options, and reliable maintenance.

Framework Evaluation

0 of 3 criteria met

1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit by the Director, but the petitioner failed to demonstrate its national importance. The evidence did not sufficiently explain how the specific endeavor would have a national-level impact, especially concerning the scale of EV charging stations or the specific innovations developed.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The decision noted that while the industry is important, the petitioner did not explain how their specific plan to create 600 charging stations would significantly impact a purported need for 28 million by 2030. Furthermore, there was a lack of objective evidence for developed software or technology, and financial projections (21 hires, >$15.2 million revenue, $3 million taxes) lacked sufficient basis or corroboration to demonstrate substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the proposed endeavor. The petitioner's response described the company's services but did not provide specific details or objective evidence to demonstrate how the endeavor would achieve national impact or substantial positive economic effects, nor did it document developed technology.

RFE Targets

The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-13.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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