EB-2 NIW Appeals: Business & Entrepreneurship
Last updated 2026-09-02
The AAO dismissed 92.5% of EB-2 NIW appeals from Business & Entrepreneurship petitioners in published non-precedent decisions from 2017–2025 (n=480). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 24 (88.9%) | 0 | 3 | 27 |
| 2024 | 228 (98.3%) | 0 | 4 | 232 |
| 2023 | 114 (91.2%) | 0 | 11 | 125 |
| 2022 | 28 (77.8%) | 0 | 8 | 36 |
| 2021 | 33 (80.5%) | 0 | 8 | 41 |
| 2020 | 5 (—) | 0 | 1 | 6 |
| 2019 | 2 (—) | 0 | 1 | 3 |
| 2018 | 4 (—) | 0 | 0 | 4 |
| 2017 | 6 (—) | 0 | 0 | 6 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 432 | 0 | 464 | 93.1% |
| Prong 2: Well positioned to advance the endeavor | 294 | 0 | 323 | 91.0% |
| Prong 3: On balance, waiver benefits the U.S. | 269 | 0 | 299 | 90.0% |
| Exceptional ability | 223 | 0 | 238 | 93.7% |
| Advanced degree | 116 | 0 | 139 | 83.5% |
| Motion to reopen/reconsider | 84 | 0 | 84 | 100.0% |
| Procedural/filing | 19 | 0 | 19 | — |
Example Decisions
Dismissed2021-04-19The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification.
Dismissed2025-03-12The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor. Th
Dismissed2025-02-25The motion to reopen was dismissed for failing to provide new facts or evidence. The motion to reconsider was dismissed
Dismissed2025-02-18The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on a
Dismissed2024-11-20The motion was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 2 (—) | 0 | 0 | 2 |
| 2015 | 1 (—) | 0 | 0 | 1 |
| 2014 | 7 (—) | 0 | 1 | 8 |
| 2013 | 3 (—) | 1 | 0 | 4 |
| 2012 | 8 (—) | 0 | 0 | 8 |
| 2011 | 4 (—) | 0 | 0 | 4 |
| 2010 | 1 (—) | 0 | 0 | 1 |
| 2009 | 1 (—) | 0 | 0 | 1 |
| 2008 | 1 (—) | 0 | 1 | 2 |
| 2006 | 1 (—) | 0 | 0 | 1 |
| 2005 | 3 (—) | 0 | 0 | 3 |
| 2003 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Exceptional ability | 27 | 1 | 33 |
| Intrinsic merit (NYSDOT) | 21 | 1 | 23 |
| National in scope (NYSDOT) | 21 | 1 | 23 |
| Substantially greater degree than U.S. worker (NYSDOT) | 20 | 1 | 22 |
| Advanced degree | 9 | 1 | 10 |
| Procedural/filing | 3 | 0 | 3 |
| Motion to reopen/reconsider | 2 | 0 | 2 |
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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