EB-2 NIWElectrical and electronic engineeringIndividualDecided March 2026Dismissed
Outcome: Dismissed
MAR212026_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
A microelectronics engineer with a master's degree sought EB-2 national interest waiver for research on hardware for AI data centers. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner lacked sufficient expertise advancement credentials and that waiving job requirements would not benefit the nation.
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 · AAO withdrew SCOPS determination and found petitioner established substantial merit and national importance of proposed microelectronics research endeavor.
What was missing
- Well positioned · Petitioner lacks doctorate, comparative citation data, and demonstrated expertise significantly above ordinary level in field at career stage.
- Balance favors a waiver · AAO agreed with SCOPS that balancing factors do not support waiving job offer and labor certification requirements.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO withdrew SCOPS determination and found petitioner established substantial merit and national importance of proposed microelectronics research endeavor. |
 Well positioned | Not met | Petitioner lacks doctorate, comparative citation data, and demonstrated expertise significantly above ordinary level in field at career stage. |
 Balance favors a waiver | Not met | AAO agreed with SCOPS that balancing factors do not support waiving job offer and labor certification requirements. |
A published decision describes one case. It is not legal advice and not a prediction for yours.