Can pilots and aviation professionals get an EB-2 NIW? What 133 AAO decisions say
Published AAO non-precedent decisions, 2021–2025 · updated 2026-10-16
Between 2021 and 2025 the AAO published 133 EB-2 NIW appeal decisions from aviation petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (71 of the 121 merits dismissals, 59%). Second: advanced degree or exceptional ability not established (45, 37%). 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
- 71 of 121 Proposed endeavor not shown to have national importance
“The AAO agreed with the Director that the record did not show the petitioner's work would sufficiently impact the aviation industry or field more broadly, beyond his own clientele and students.” AAO, 2025
- 45 of 121 Advanced degree or exceptional ability not established
“Although the Director's initial reasoning about the petitioner's exceptional ability may have been flawed, the AAO found the error harmless because the petitioner did not sufficiently demonstrate that his proposed endeavor—working as an airline pilot—has…” AAO, 2024
No EB-2 NIW appeal from aviation petitioners was sustained in this period. The record shows what did not work; it does not show what would.
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
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.
Get Your Free Strategy Preview →