Published AAO appeal decisions

A semiconductor manufacturer sought to employ a component design engineer under the EB-2 advanced degree classification with a labor certification. The case is not an NIW. The service center found the beneficiary lacked a required skill, and the AAO withdrew that decision and remanded for review of recruitment materials.

A component design engineer was sponsored by a programmable logic device manufacturer under the EB-2 advanced degree category with a labor certification, not a national interest waiver. The service center denied for missing skills. The AAO withdrew that decision and remanded for review of successor-in-interest status, advertising evidence and qualifying experience.

Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.

Engineering researcher seeks EB-1A extraordinary ability classification. Met initial three criteria requirement. Director failed to properly conduct final merits determination by not addressing substantial evidence and applying incorrect standards. AAO withdrew Director's decision and remanded for comprehensive analysis of totality.