EB-2 NIW Appeals: Chemistry
Last updated 2026-09-02
The AAO dismissed 56.5% of EB-2 NIW appeals from Chemistry petitioners in published non-precedent decisions from 2019–2024 (n=23). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2024 | 2 (—) | 3 | 2 | 7 |
| 2023 | 2 (—) | 1 | 0 | 3 |
| 2022 | 0 (—) | 0 | 1 | 1 |
| 2021 | 7 (—) | 0 | 2 | 9 |
| 2020 | 2 (—) | 0 | 0 | 2 |
| 2019 | 0 (—) | 1 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 14 | 5 | 23 | 60.9% |
| Prong 2: Well positioned to advance the endeavor | 12 | 5 | 21 | 57.1% |
| Prong 3: On balance, waiver benefits the U.S. | 12 | 5 | 21 | 57.1% |
Example Decisions
Sustained2024-11-18The appeal was sustained because the AAO withdrew the Director's findings on all three prongs of the Dhanasar framework.
Sustained2024-10-18The appeal was sustained because the AAO disagreed with the Director's conclusion that the petitioner was not well-posit
Sustained2019-10-23The appeal was sustained because the AAO found that the petitioner's work as a foodborne pathogen researcher met the thr
Sustained2024-04-23The appeal was sustained because the AAO found that the Director erred in concluding the Petitioner was not well-positio
Sustained2023-03-15The appeal was sustained because the AAO, upon de novo review, found the petitioner satisfied all three prongs of the Dh
Dismissed2021-05-10The Director revoked a previously approved petition, finding the petitioner had not established eligibility for a nation
Dismissed2021-04-28The petitioner, an analytical chemist, was found to qualify for the underlying EB-2 classification as an advanced degree
Dismissed2021-08-12The Director denied the petition, concluding the Petitioner had not established that he was well positioned to advance h
Dismissed2024-01-09The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework. The AAO determ
Dismissed2020-07-23The appeal was dismissed because while the petitioner's proposed research was found to have substantial merit and nation
In sustained EB-2 NIW appeals for Chemistry petitioners, the AAO credited evidence such as independent expert letters explaining the significance of the work. 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 |
|---|---|---|---|---|
| 2016 | 2 (—) | 0 | 0 | 2 |
| 2015 | 1 (—) | 2 | 0 | 3 |
| 2014 | 1 (—) | 0 | 0 | 1 |
| 2013 | 2 (—) | 1 | 1 | 4 |
| 2012 | 1 (—) | 0 | 0 | 1 |
| 2011 | 2 (—) | 2 | 0 | 4 |
| 2009 | 6 (—) | 0 | 0 | 6 |
| 2007 | 5 (—) | 0 | 0 | 5 |
| 2006 | 2 (—) | 1 | 0 | 3 |
| 2005 | 9 (—) | 6 | 4 | 19 |
| 2004 | 2 (—) | 0 | 0 | 2 |
| 2001 | 1 (—) | 1 | 0 | 2 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 27 | 13 | 43 |
| National in scope (NYSDOT) | 27 | 13 | 43 |
| Substantially greater degree than U.S. worker (NYSDOT) | 23 | 13 | 38 |
| Exceptional ability | 10 | 2 | 13 |
| Advanced degree | 3 | 0 | 5 |
| Motion to reopen/reconsider | 3 | 0 | 3 |
| Procedural/filing | 2 | 0 | 2 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2019–2024); 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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