Date of Decision: February 2, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering
Petitioner Information
Profession: Electrical Engineering Researcher
Field: Electrical Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance:
The petitioner demonstrated that his proposed endeavor of developing advanced semiconductor technologies has substantial merit and national importance. His research contributes to advancements in the semiconductor industry, a critical field with significant economic and technological implications for the United States. The petitioner provided evidence, including letters of support, that highlighted the broader implications of his research and its impact on the field of electrical engineering.
Well-Positioned to Advance the Endeavor:
The petitioner is well-positioned to advance his proposed endeavor. He has considerable experience and expertise in advanced circuitry, process design, and semiconductor architecture. His documented track record of successful research and development in the semiconductor industry supports his ability to continue making significant contributions.
Balancing Factors to Determine Waiver’s Benefit to the United States:
The petitioner demonstrated that waiving the job offer requirement would benefit the United States. His contributions to semiconductor research are of such value that they outweigh the need for a labor certification process. The petitioner’s work in advancing U.S. technological interests through next-generation semiconductor devices was deemed beneficial, even assuming that other qualified U.S. workers are available.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his research on advanced circuits, process design failures, and semiconductor architectures to improve the power, performance, and area of standard computing cells. His work focuses on developing semiconductor processes and design logic beyond 3 nm, with the goal of creating next-generation semiconductor technology.
Substantial Merit and National Importance:
The petitioner’s research has substantial merit and national importance, as evidenced by the global and U.S. semiconductor market’s significance. The petitioner’s work contributes to advancements in semiconductor technologies, which are critical for various computing applications and have broader implications for the field of electrical engineering.
Supporting Evidence:
The petitioner provided letters of support, documentation on the U.S. semiconductor industry, and details of his research and development activities. These documents highlighted the importance of his work and its potential to impact the industry positively.
Inconsistencies in Proposed Endeavor
The petitioner did not present any inconsistencies in his proposed endeavor. The documentation provided was consistent and detailed, supporting his claims of substantial merit and national importance.
Supporting Documentation
Letters of Intent:
Not provided or applicable in this case.
Business Plan:
Not provided or applicable in this case.
Advisory Letter:
Included letters from colleagues and industry professionals, detailing the petitioner’s contributions and the significance of his work.
Any other supporting documentation:
The petitioner provided additional supporting documents, including articles about U.S. Government initiatives to expand the U.S. chip manufacturing industry and sustain its competitiveness.
Conclusion
Final Determination: The appeal was approved, with the petitioner demonstrating that his proposed endeavor has substantial merit and national importance, he is well-positioned to advance it, and waiving the job offer requirement would benefit the United States.
Reasoning: The petitioner met the three prongs of the Dhanasar framework, establishing eligibility for and merit of a national interest waiver. His contributions to the semiconductor industry are of such value that they benefit the United States, justifying the waiver of the job offer requirement.
