How common are approved EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

sustained EB-2 (NIW) RFE Issued

Embedded Systems Architect

Q: How does the technology company involved in electrical product and integrated software/hardware development and production industry affect EB-2 NIW petition outcomes?

The technology company involved in electrical product and integrated software/hardware development and production sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

Technology Company Involved In Electrical Product And Integrated Software/Hardware Development And Production · 2024-04-22

Decision Date

2024-04-22

Location

United States

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 proposes to continue research and development of digital circuit breaker technology and firmware for motor controls in large industrial facilities and EV charging. The work focuses on commercial fleet/multifamily EV charging, residential demand response, and solar energy storage product lines to advance clean energy storage.

Framework Evaluation

3 of 3 criteria met

1 Substantial Merit and National Importance Met

The endeavor has national importance due to its implications for the field of electrical engineering and U.S. EV charging infrastructure.

2 Well-positioned to Advance Met

The Beneficiary's expertise and past successes in circuit breaker research demonstrate he is well-positioned.

3 Balancing Factors Met

The national interest in the Beneficiary's contributions to clean energy is sufficiently urgent to warrant a waiver.

Why This Petition Was Approved

The appeal was sustained because the Beneficiary holds a Master's in Electrical Engineering and has a successful track record in developing critical firmware for digital circuit breakers. The work aligns with the U.S. National Science and Technology Council's list of critical and emerging technologies, specifically Clean Energy Generation and Storage, satisfying all three Dhanasar prongs.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested further evidence on national importance and the third prong; the petitioner provided details on commercial fleet EV charging and solar storage.

RFE Targets

Substantial Merit and National ImportanceBalancing Factors

Evidence

Evidence Types

Peer Reviewed Publications

Conference Presentations

Government Alignment

Reference Letters Dependent

Commercial Success

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Frequently Asked Questions

A sustained EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-22.

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At a Glance

Outcome sustained

RFE Issued

Criteria Met 3 / 3

Evidence Types 5

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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