EB-2 NIW Appeals: Biomedical Research

Last updated 2026-09-02

The AAO dismissed 57.7% of EB-2 NIW appeals from Biomedical Research petitioners in published non-precedent decisions from 2017–2025 (n=26). The criterion most often at issue was Prong 1: Substantial merit and national importance.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20253 (—)003
20242 (—)125
20231 (—)214
20220 (—)112
20215 (—)207
20201 (—)001
20191 (—)102
20181 (—)001
20171 (—)001

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Prong 1: Substantial merit and national importance1572657.7%
Prong 2: Well positioned to advance the endeavor1572657.7%
Prong 3: On balance, waiver benefits the U.S.1572657.7%

Example Decisions

Sustained2021-08-09The appeal was sustained because the AAO, upon de novo review, concluded the petitioner satisfied all three prongs of th Sustained2021-05-25The appeal was sustained because the AAO, upon de novo review, found that the petitioner met the criteria for a national Sustained2019-01-17The appeal was sustained because upon de novo review, the AAO found that the Petitioner established eligibility for a na Sustained2024-02-08The appeal was sustained because the AAO found that, contrary to the Director's decision, the petitioner did establish h Sustained2023-05-11The appeal was sustained because the AAO found that the petitioner, contrary to the Director's initial finding, was well Dismissed2021-04-22The appeal was dismissed because the petitioner failed to establish eligibility for a National Interest Waiver. The Dire Dismissed2024-06-10The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor has national importance Dismissed2018-08-03The appeal was dismissed because the petitioner failed to establish eligibility for a national interest waiver under the Dismissed2017-09-25The appeal was dismissed because the petitioner ultimately failed to establish eligibility for a national interest waive Dismissed2025-03-06The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has national importance u
Dismissed cases most often lacked a clearly defined proposed endeavor with specificity beyond a general field of work; that waiving the job offer requirement would benefit the U.S. on balance (Dhanasar prong 3).
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20151 (—)102
20145 (—)005
20133 (—)003
20128 (—)019
20119 (—)1010
20109 (—)009
200913 (61.9%)8021
20087 (—)4011
20078 (—)7015
20062 (—)103
200532 (68.1%)9647
20041 (—)001
20030 (—)202
20012 (—)002

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Intrinsic merit (NYSDOT)9533131
National in scope (NYSDOT)9533131
Substantially greater degree than U.S. worker (NYSDOT)9133127
Exceptional ability24533
Advanced degree237
Motion to reopen/reconsider404
Procedural/filing303
Fraud/misrepresentation101
Prong 3: On balance, waiver benefits the U.S.101

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.

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