Can athletes and coaches get an EB-2 NIW? What 59 AAO decisions say

Published AAO non-precedent decisions, 2019–2025 · updated 2026-10-16

Between 2019 and 2025 the AAO published 59 EB-2 NIW appeal decisions from athletics petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (44 of the 56 merits dismissals, 79%). Second: proposed endeavor too vague or too local (11, 20%). These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.

What the decisions say

Grounds for dismissal, by frequency

  1. 44 of 56 Proposed endeavor not shown to have national importance
    “The AAO agreed with the Director that the petitioner's work as a fitness director, while having merit, was not shown to have a broader impact on the industry beyond her own clients.” AAO, 2023
  2. 11 of 56 Proposed endeavor too vague or too local
    “Specifically, the AAO concluded that the petitioner did not sufficiently demonstrate the national importance of his proposed endeavor, which was to establish a local fitness studio in Florida.” AAO, 2022
  3. 10 of 56 Advanced degree or exceptional ability not established
    “The petitioner did not prove he had the required five years of progressive, post-baccalaureate experience to qualify as a member of the professions holding an advanced degree.” AAO, 2022

No EB-2 NIW appeal from athletics petitioners was sustained in this period. The record shows what did not work; it does not show what would.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20254 (—)004
202425 (100.0%)0025
202316 (—)0016
20225 (—)038
20215 (—)005
20191 (—)001

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Prong 1: Substantial merit and national importance6206398.4%
Prong 2: Well positioned to advance the endeavor4404597.8%
Prong 3: On balance, waiver benefits the U.S.4204495.5%
Exceptional ability2002580.0%
Advanced degree12015—

Example Decisions

Dismissed2024-08-06The appeal was dismissed because the petitioner failed to establish that their proposed endeavor had 'national importance,' a key requirement under the first prong of the Dhanasar framework. Although the Director… Dismissed2024-07-23The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor has national importance, which is the first prong of the Dhanasar framework. The AAO concluded that the petitioner did not… Dismissed2024-01-04The appeal was dismissed because the petitioner failed to establish that her proposed work as a fitness director had national importance beyond her immediate employer. The AAO also cast significant doubt on the… Dismissed2023-12-07The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor as an athletic trainer has national importance. The AAO declined to consider the petitioner's revised plan to establish a… Dismissed2023-11-20The appeal was dismissed due to material inconsistencies in the petitioner's proposed endeavor. The petitioner initially filed as a 'soccer coach' but on appeal, changed the proposed endeavor to a 'business development…
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20141 (—)001
20101 (—)001
20071 (—)001

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Exceptional ability404
Advanced degree202

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2019–2025); 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.

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