EB-2 NIWElectrical and electronic engineeringIndividualDecided June 2021Dismissed
Outcome: Dismissed
JUN072021_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An engineer employed at a semiconductor tool manufacturer seeks a national interest waiver for EB-2 classification. He proposed to continue research and development of proprietary tools in his specialized field. The AAO dismissed the appeal, finding his work lacks national importance because evidence does not show broader implications beyond his employer's operations or demonstrate significant potential to employ U.S. workers.
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 · Proposed work on proprietary tools lacks broader impact beyond employer and customers; no national importance established.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed work on proprietary tools lacks broader impact beyond employer and customers; no national importance established. |
 Well positioned | Not reached / not discussed | Not reached because first prong fails. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong fails. |
A published decision describes one case. It is not legal advice and not a prediction for yours.