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dismissed EB-2 (NIW)

Integrated Circuit Design Engineer

Semiconductors · 2025-03-25

Decision Date
2025-03-25
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner's proposed endeavor is to continue work in the United States as an integrated circuit engineer specializing in semiconductors. This work involves specific technological innovations in integrated circuit (IC) design, with potential impacts on critical sectors like healthcare, communications, and national security.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found the endeavor had substantial merit but failed to establish national importance, as the petitioner did not provide sufficient evidence of the specific endeavor's broad impact beyond the general importance of the semiconductor industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the 'national importance' element of the first Dhanasar prong. While the field of semiconductors is recognized as important and aligns with government initiatives like the CHIPS and Science Act, the petitioner did not provide sufficient evidence to corroborate the specific proposed endeavor's broader impact on the industry or to significantly reduce a claimed national shortage of professionals. The decision reserved judgment on the petitioner's EB-2 classification eligibility and the remaining Dhanasar prongs.

Evidence

Evidence Types
Government Alignment
Degrees

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-25.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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