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EB-2 NIWComputer science and AIIndividualDecided April 2020Dismissed

Outcome: Dismissed

APR302020_01B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Semiconductor research engineer sought NIW for EB-2 advanced degree. Petitioner demonstrated advanced degree but failed to establish national importance of proposed digital hardware and semiconductor memory engineering work. AAO found work lacked sufficient prospective impact on field or U.S. economy broadly and provided no evidence of substantial job creation or economic effects.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedProposed semiconductor engineering work lacks documented prospective impact beyond specific employer and does not reach level of national importance
Well positionedNot reached / not discussedFirst prong failed; further analysis not reached under Dhanasar framework
Balance favors a waiverNot reached / not discussedFirst prong failed; further analysis not reached under Dhanasar framework

A published decision describes one case. It is not legal advice and not a prediction for yours.

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