EB-2 NIWElectrical and electronic engineeringEmployerDecided February 2023Sustained
Outcome: Sustained
FEB022023_02B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverMet
Our summary
Electrical engineering researcher employed in semiconductor development sought NIW for EB-2 classification. Petitioner claimed three Dhanasar prongs. AAO sustained appeal, finding proposed next-generation semiconductor research has national importance, petitioner is well-positioned to advance it, and waiver benefits U.S. interests.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · Petitioner demonstrated global semiconductor market significance and research with broader field implications through publications.
- Well positioned · Staff engineer with relevant expertise in semiconductor architecture and process design, track record of successful research.
- Balance favors a waiver · Petitioner's experience and expertise in advanced semiconductors benefit U.S. technological interests despite available qualified workers.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Petitioner demonstrated global semiconductor market significance and research with broader field implications through publications. |
 Well positioned | Met | Staff engineer with relevant expertise in semiconductor architecture and process design, track record of successful research. |
 Balance favors a waiver | Met | Petitioner's experience and expertise in advanced semiconductors benefit U.S. technological interests despite available qualified workers. |
A published decision describes one case. It is not legal advice and not a prediction for yours.