EB-2 NIWPhysics and astronomyIndividualDecided January 2020Dismissed
Outcome: Dismissed
JAN282020_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
An optical physics researcher with advanced degree sought national interest waiver for EB-2 classification to conduct semiconductor design and fabrication research. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner failed to demonstrate he was well positioned to advance it, lacking recent publications or demonstrated progress since 2011.
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 · Decision found proposed optical physics research on semiconductor design has substantial merit and potential prospective impact on U.S. industries.
What was missing
- Well positioned · Petitioner lacked sufficient evidence of continued progress since 2011, no publications after 2011, and unclear means or financial support for proposed research.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Decision found proposed optical physics research on semiconductor design has substantial merit and potential prospective impact on U.S. industries. |
 Well positioned | Not met | Petitioner lacked sufficient evidence of continued progress since 2011, no publications after 2011, and unclear means or financial support for proposed research. |
 Balance favors a waiver | Not reached / not discussed | Decision did not reach this prong because petitioner failed second prong, making further analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.