sustained EB-2 NIW Case: Electrical Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 24187283 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 2, 2023 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, an electrical engineering researcher, seeks employment-based second preference (EB-
2) immigrant classification as a member of the professions holding an advanced degree, as well as a 
national interest waiver of the job offer requirement attached to this EB-2 classification . See 
Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but that he had not 
established that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification 
for the underlying EB-2 visa classification, as either an advanced degree professional or an individual 
of exceptional ability in the sciences, arts, or business . Section 203(b )(2)(B)(i) of the Act. Once a 
petitioner demonstrates eligibility as either a member of the professions holding an advanced degree 
or an individual of exceptional ability, they must then establish that they merit a discretionary waiver 
of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of the Act. While 
neither the statute nor the pertinent regulations define the term "national interest," Matter of Dhanasar, 
26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national interest waiver 
petitions. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) may, as matter of 
discretion 1, grant a national interest waiver if the petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States . 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The sole issue to be determined is whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. 
At the time of filing, the Petitioner was employed as a staff engineer at I !Electronics . 2 In this 
capacity, the Petitioner is involved in research aimed at "the development of smaller and more efficient 
semiconductor technologies for various computing applications." Specifically, he is responsible for 
researching and developing "future advanced technology trends that evaluate new structures (Buried 
Power Rail, Backside Power Distribution Network, 3D Stacked devices) for value proposition to 
achieve area scaling, power /performance goals and discovery of methods to improve the performance 
of next-generation semiconductors ." 
With regard to his proposed endeavor, the Petitioner stated that he intended to continue his research 
involving "advance circuits, process design failures , and semiconductor architectures to improve the 
power, performance, and area of standard computing cells in order to develop next-generation 
semiconductor technology." He explained that his "research on next-generation semiconductor 
technology will focus on the development of semiconductor processes and design logic beyond 3 nm." 
The Petitioner further indicated that that his work on these projects will be shared with others in the 
field through his "U.S . patent publications and peer-reviewed articles." For the reasons discussed 
below, we conclude the Petitioner has established eligibility for a national interest waiver under the 
analytical framework set forth in Dhanasar. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
We withdraw the Director's determination that the Petitioner did not establish the national importance 
of his proposed endeavor under Dhanasar' s first prong . In determining whether the proposed 
endeavor has national importance, we consider its potential prospective impact. Dhanasar, 26 I&N 
Dec. at 889. As evidence that his proposed research has substantial merit and national importance, the 
Petitioner presented information about the global semiconductor market, the U.S. semiconductor 
industry, and research and development in that industry. 3 His evidence included letters of support 
discussing how his undertaking contributes to advancements in the development of improved 
semiconductor technologies. Additionally, the Petitioner submitted documentation indicating that the 
benefit of his proposed research offers broader implications for the field of electrical engineering, as 
the results are disseminated to others in the field through publication and presentation of his work. As 
2 As the Petitioner is applying for a waiver of the job offer requirement , it is not necessary for him to have a job offer from 
a specific employer. However , we will consider information about his research position to illustrate the capacity in which 
he intends to work in order to determine whether his proposed endeavor meets the requirements of the Dhanasa r 
framework. 
3 This information included articles about U.S. Government initiatives to expand our country 's U.S. chip manufacturing 
industry and sustain its competitiveness . 
2 
the Petitioner has demonstrated both the substantial merit and national importance of his proposed 
research, he has established that he meets the first prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
We agree with the Director's determination that the Petitioner satisfies the second prong of the 
Dhanasar framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
We withdraw the Director's determination that the Petitioner did not establish that he meets 
Dhanasar's third prong. This prong requires a petitioner to demonstrate that, on balance, it would be 
beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. 
Id. at 890. As an electrical engineering researcher, the Petitioner possesses considerable experience and 
expertise in advanced circuitry, process design, and semiconductor architecture. The record also 
demonstrates the widespread benefits associated with research progress in the development of next­
generation semiconductor devices. In addition, the Petitioner has documented his past successes in 
semiconductor research and advanced technology development. Based on the Petitioner's track record 
of successful research and the significance of his proposed work to advance U.S. technological interests, 
we conclude that he offers contributions of such value that, on balance, they would benefit the United 
States even assuming that other qualified U.S. workers are available. The Petitioner, therefore, satisfies 
the third prong of the Dhanasar framework. 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We 
conclude that he has established he is eligible for and otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The appeal is sustained. 
3