EB-2 NIW Appeals: Aviation
Last updated 2026-09-02
The AAO dismissed 91.7% of EB-2 NIW appeals from Aviation petitioners in published non-precedent decisions from 2021–2025 (n=133). The criterion most often at issue was Exceptional ability.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 7 (—) | 0 | 0 | 7 |
| 2024 | 65 (95.6%) | 0 | 3 | 68 |
| 2023 | 43 (86.0%) | 0 | 7 | 50 |
| 2022 | 6 (—) | 0 | 0 | 6 |
| 2021 | 1 (—) | 0 | 1 | 2 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Exceptional ability | 162 | 0 | 176 | 92.0% |
| Prong 1: Substantial merit and national importance | 120 | 0 | 130 | 92.3% |
| Prong 2: Well positioned to advance the endeavor | 69 | 0 | 78 | 88.5% |
| Prong 3: On balance, waiver benefits the U.S. | 67 | 0 | 74 | 90.5% |
| Advanced degree | 43 | 0 | 49 | 87.8% |
Example Decisions
Dismissed2025-01-03The appeal was dismissed because the petitioner, a pilot, failed to establish that his proposed endeavor has national im
Dismissed2024-10-25The appeal was dismissed because the petitioner failed to establish that his proposed endeavor had national importance.
Dismissed2024-10-02The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor. Wh
Dismissed2024-09-25The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification a
Dismissed2024-09-20The appeal was dismissed because the petitioner failed to establish eligibility as an individual of exceptional ability,
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2009 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Exceptional ability | 2 | 0 | 2 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2021–2025); 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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