Can business owners and entrepreneurs get an EB-2 NIW? What 480 AAO decisions say
Published AAO non-precedent decisions, 2017–2025 · updated 2026-10-16
Between 2017 and 2025 the AAO published 480 EB-2 NIW appeal decisions from business & entrepreneurship petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (279 of the 417 merits dismissals, 67%). Second: advanced degree or exceptional ability not established (105, 25%). 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
- 279 of 417 Proposed endeavor not shown to have national importance
“The motion to reconsider was dismissed because the petitioner failed to establish that his proposed endeavor has national importance, a key requirement under the Dhanasar framework.” AAO, 2022
- 105 of 417 Advanced degree or exceptional ability not established
“The petitioner submitted inconsistent and uncorroborated evidence regarding his claimed CEO position and other contributions, failing to establish his eligibility for the exceptional ability classification or that he was well-positioned to advance his…” AAO, 2022
- 43 of 417 Proposed endeavor too vague or too local
“Additionally, the decision noted that the petitioner's proposed endeavor of running a local painting company did not sufficiently demonstrate the national importance required for a waiver.” AAO, 2023
No EB-2 NIW appeal from business & entrepreneurship 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 | 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
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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