EB-2 NIWMechanical and aerospace engineeringEmployerDecided February 2026Dismissed
Outcome: Dismissed
FEB062026_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An employer petitioned for a national interest waiver for an EB-2 advanced degree professional working on sustainable semiconductor lithography systems. The AAO agreed with SCOPS that while the beneficiary's work has substantial merit, the petitioner failed to demonstrate its national importance; benefits limited to specific employer and field importance alone do not satisfy the first Dhanasar prong.
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
- Merit and national importance · Petitioner established substantial merit but failed to demonstrate national importance of proposed endeavor under Dhanasar first prong.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner established substantial merit but failed to demonstrate national importance of proposed endeavor under Dhanasar first prong. |
 Well positioned | Not reached / not discussed | First prong failed; second prong not analyzed; note taken that beneficiary's skills and expertise are second-prong considerations. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached; analysis would serve no meaningful purpose. |
A published decision describes one case. It is not legal advice and not a prediction for yours.