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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 3 (—) | 0 | 0 | 3 |
| 2024 | 2 (—) | 1 | 2 | 5 |
| 2023 | 1 (—) | 2 | 1 | 4 |
| 2022 | 0 (—) | 1 | 1 | 2 |
| 2021 | 5 (—) | 2 | 0 | 7 |
| 2020 | 1 (—) | 0 | 0 | 1 |
| 2019 | 1 (—) | 1 | 0 | 2 |
| 2018 | 1 (—) | 0 | 0 | 1 |
| 2017 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 15 | 7 | 26 | 57.7% |
| Prong 2: Well positioned to advance the endeavor | 15 | 7 | 26 | 57.7% |
| Prong 3: On balance, waiver benefits the U.S. | 15 | 7 | 26 | 57.7% |
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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2015 | 1 (—) | 1 | 0 | 2 |
| 2014 | 5 (—) | 0 | 0 | 5 |
| 2013 | 3 (—) | 0 | 0 | 3 |
| 2012 | 8 (—) | 0 | 1 | 9 |
| 2011 | 9 (—) | 1 | 0 | 10 |
| 2010 | 9 (—) | 0 | 0 | 9 |
| 2009 | 13 (61.9%) | 8 | 0 | 21 |
| 2008 | 7 (—) | 4 | 0 | 11 |
| 2007 | 8 (—) | 7 | 0 | 15 |
| 2006 | 2 (—) | 1 | 0 | 3 |
| 2005 | 32 (68.1%) | 9 | 6 | 47 |
| 2004 | 1 (—) | 0 | 0 | 1 |
| 2003 | 0 (—) | 2 | 0 | 2 |
| 2001 | 2 (—) | 0 | 0 | 2 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 95 | 33 | 131 |
| National in scope (NYSDOT) | 95 | 33 | 131 |
| Substantially greater degree than U.S. worker (NYSDOT) | 91 | 33 | 127 |
| Exceptional ability | 24 | 5 | 33 |
| Advanced degree | 2 | 3 | 7 |
| Motion to reopen/reconsider | 4 | 0 | 4 |
| Procedural/filing | 3 | 0 | 3 |
| Fraud/misrepresentation | 1 | 0 | 1 |
| Prong 3: On balance, waiver benefits the U.S. | 1 | 0 | 1 |
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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