EB-2 NIW Appeals: Athletics
Last updated 2026-09-02
The AAO dismissed 94.9% of EB-2 NIW appeals from Athletics petitioners in published non-precedent decisions from 2019–2025 (n=59). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 4 (—) | 0 | 0 | 4 |
| 2024 | 25 (100.0%) | 0 | 0 | 25 |
| 2023 | 16 (—) | 0 | 0 | 16 |
| 2022 | 5 (—) | 0 | 3 | 8 |
| 2021 | 5 (—) | 0 | 0 | 5 |
| 2019 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 62 | 0 | 63 | 98.4% |
| Prong 2: Well positioned to advance the endeavor | 44 | 0 | 45 | 97.8% |
| Prong 3: On balance, waiver benefits the U.S. | 42 | 0 | 44 | 95.5% |
| Exceptional ability | 20 | 0 | 25 | 80.0% |
| Advanced degree | 12 | 0 | 15 | — |
Example Decisions
Dismissed2025-01-03The appeal was dismissed because the petitioner improperly attempted to materially change the proposed endeavor after fi
Dismissed2024-05-29The appeal was dismissed because the petitioner failed to establish the 'national importance' of her proposed endeavor a
Dismissed2024-12-06The appeal was dismissed because the petitioner failed to prove that his proposed endeavor in sports performance enhance
Dismissed2024-09-30The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor had national importance
Dismissed2024-08-06The appeal was dismissed because the petitioner failed to establish that their proposed endeavor had 'national importanc
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2014 | 1 (—) | 0 | 0 | 1 |
| 2010 | 1 (—) | 0 | 0 | 1 |
| 2007 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Exceptional ability | 4 | 0 | 4 |
| Advanced degree | 2 | 0 | 2 |
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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