EB-2 NIWElectrical and electronic engineeringEmployerDecided February 2025Dismissed
Outcome: Dismissed
FEB182025_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Semiconductor company petitioning for beneficiary as EB-2 professional with advanced degree for graphics and compute product optimization research. Director found endeavor of substantial merit and national importance but beneficiary lacks advanced degree (Ph.D.) and demonstrated track record of success in proposed research area, failing second prong.
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 · Director determined first prong satisfied; proposed endeavor in graphics and compute optimization meets substantial merit and national importance
What was missing
- Well positioned · Beneficiary's bachelor and master degrees in engineering insufficient without advanced degree or demonstrated track record of success in similar research efforts
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director determined first prong satisfied; proposed endeavor in graphics and compute optimization meets substantial merit and national importance |
 Well positioned | Not met | Beneficiary's bachelor and master degrees in engineering insufficient without advanced degree or demonstrated track record of success in similar research efforts |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; balance analysis not required as dispositive issue resolved at prong two |
A published decision describes one case. It is not legal advice and not a prediction for yours.