EB-2 NIWPhysics and astronomyIndividualDecided January 2026Dismissed
Outcome: Dismissed
JAN292026_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Optical science engineer with Ph.D. in applied physics sought EB-2 with national interest waiver for research on quantum materials and superconductors. AAO found research meets first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor as required by 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 · Research on strongly correlated quantum materials and high-temperature superconductors has substantial merit and national importance with implications for defense, energy, and transportation.
What was missing
- Well positioned · Record lacks sufficient evidence of plan or progress demonstrating petitioner positioned to advance the proposed endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Research on strongly correlated quantum materials and high-temperature superconductors has substantial merit and national importance with implications for defense, energy, and transportation. |
 Well positioned | Not met | Record lacks sufficient evidence of plan or progress demonstrating petitioner positioned to advance the proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; decision reserved opinion on third prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.