EB-2 NIW Appeals: Architecture
Last updated 2026-09-02
The AAO dismissed 95.7% of EB-2 NIW appeals from Architecture petitioners in published non-precedent decisions from 2017–2025 (n=46). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 3 (—) | 0 | 0 | 3 |
| 2024 | 17 (—) | 0 | 1 | 18 |
| 2023 | 10 (—) | 0 | 0 | 10 |
| 2022 | 5 (—) | 0 | 0 | 5 |
| 2021 | 5 (—) | 0 | 1 | 6 |
| 2020 | 1 (—) | 0 | 0 | 1 |
| 2019 | 1 (—) | 0 | 0 | 1 |
| 2018 | 1 (—) | 0 | 0 | 1 |
| 2017 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 48 | 0 | 49 | 98.0% |
| Prong 2: Well positioned to advance the endeavor | 31 | 0 | 32 | 96.9% |
| Prong 3: On balance, waiver benefits the U.S. | 28 | 0 | 30 | 93.3% |
| Motion to reopen/reconsider | 17 | 0 | 17 | — |
Example Decisions
Dismissed2024-12-19The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has national importance,
Dismissed2024-09-17The appeal was dismissed because the petitioner failed to establish that her proposed endeavor in architecture and urban
Dismissed2024-09-10The appeal was dismissed because the petitioner failed to establish that her proposed endeavor has national importance,
Dismissed2024-06-06The combined motions to reopen and reconsider were dismissed. The petitioner failed to provide new facts for the motion
Dismissed2018-06-21The appeal was dismissed because the petitioner, an architect, failed to establish that her proposed endeavor had nation
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2013 | 1 (—) | 0 | 0 | 1 |
| 2005 | 2 (—) | 0 | 0 | 2 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 3 | 0 | 3 |
| National in scope (NYSDOT) | 3 | 0 | 3 |
| Substantially greater degree than U.S. worker (NYSDOT) | 3 | 0 | 3 |
| Advanced degree | 2 | 0 | 2 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2017–2025); the prior NYSDOT framework applied different legal standards. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.
Get Your Free Strategy Preview →