Transistor with fin structure and nanosheet and fabricating method of the same

A fabricating method of a transistor with a first fin structure and a first nanosheet, comprising:

• providing a first fin structure with a dummy gate disposed on the first fin structure, two spacers disposed at two sides of the dummy gate, a first embed epitaxial layer and a second embed epitaxial layer respectively embedded within the first fin structure at two sides of the dummy gate;
• forming a first epitaxial layer and a second epitaxial layer in sequence to cover the first fin structure and the dummy gate;
• forming two first mask layers, and the two first mask layers respectively encapsulating the first epitaxial layer and the second epitaxial layer;
• removing part of the first epitaxial layer and part of the second epitaxial layer by taking the two first mask layers as a first mask to expose the dummy gate and make the second epitaxial layer which is remained become a first nanosheet;
• removing the dummy gate to form a recess between the two spacers;
• forming a second gate dielectric layer encapsulating the first nanosheet and forming a first gate dielectric layer in the recess;
• forming a first gate portion and a second gate portion, wherein the first gate portion fills in the recess, and the second gate portion encapsulates the first nanosheet;
• and
• after forming the first gate portion, forming a metal gate between the first gate portion and the second gate portion.