EB-2 NIWElectrical and electronic engineeringEmployerDecided February 2026Remanded
Outcome: Remanded
FEB032026_03B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.
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 · AAO found petitioner established substantial merit and national importance of proposed electrical engineering research endeavor with broader field implications.
- Well positioned · AAO found petitioner has advanced degree, relevant employment experience, publication record, and expert endorsements supporting capacity to advance proposed endeavor.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO found petitioner established substantial merit and national importance of proposed electrical engineering research endeavor with broader field implications. |
 Well positioned | Met | AAO found petitioner has advanced degree, relevant employment experience, publication record, and expert endorsements supporting capacity to advance proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | SCOPS did not adequately address third prong; AAO remanded for new decision focusing on whether balance favors waiver given first two prongs are satisfied. |
A published decision describes one case. It is not legal advice and not a prediction for yours.