EB-2 NIWElectrical and electronic engineeringIndividualDecided May 2021Dismissed
Outcome: Dismissed
MAY102021_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A MEMS researcher sought NIW for advanced research in MEMS device design and fabrication. The AAO found his proposed work met the first Dhanasar prong but lacked sufficient evidence under the second prong that he is well positioned to advance the research independently.
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 · Petitioner demonstrated MEMS device research has substantial merit and national importance with broader industry applications
What was missing
- Well positioned · Record insufficient to show petitioner well positioned; Ph.D. research and commercialization efforts did not demonstrate capacity to advance proposed endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Petitioner demonstrated MEMS device research has substantial merit and national importance with broader industry applications |
 Well positioned | Not met | Record insufficient to show petitioner well positioned; Ph.D. research and commercialization efforts did not demonstrate capacity to advance proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | Not analyzed because second prong failed; decision states further discussion would serve no meaningful purpose |
A published decision describes one case. It is not legal advice and not a prediction for yours.