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dismissed EB-2 (NIW)

Cost Estimator

Electric Vehicle (EV) Industry · Kazakhstan · 2025-03-26

Decision Date
2025-03-26
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 work as a cost estimator in the electric vehicle (EV) industry, specifically focusing on the development of EV battery plants in the United States. This endeavor aims to support the establishment of robust national infrastructure for EVs, contribute to strategic decision-making, develop training programs for green technology sectors, and advocate for policy changes to support EV infrastructure growth.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to demonstrate that the specific endeavor, beyond the general importance of the EV industry, has national importance or a broader impact.

2 Petitioner is well positioned to advance the proposed endeavor Not Met

The Director concluded this prong was not met, and the AAO did not conduct further analysis due to the failure on Prong 1.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director concluded this prong was not met, and the AAO did not conduct further analysis due to the failure on Prong 1.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding the national importance of the proposed endeavor. USCIS found that the petitioner primarily relied on general industry articles and reports to claim national importance, rather than demonstrating how their specific endeavor, as a cost estimator, would have a broader impact beyond their employer and clientele, or offer original innovations. The submitted reference letters focused on past accomplishments and skills (relevant to Prong 2) but did not sufficiently address the specific future endeavor's national importance. Consequently, further analysis of the second and third Dhanasar prongs was deemed unnecessary.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Original Contributions
Professional Memberships

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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: 2025-03-26.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Kazakhstan All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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