EB-2 NIW Appeals: Construction & Real Estate

Last updated 2026-09-02

The AAO dismissed 100.0% of EB-2 NIW appeals from Construction & Real Estate petitioners in published non-precedent decisions from 2021–2025 (n=48). The criterion most often at issue was Prong 1: Substantial merit and national importance.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20252 (—)002
202425 (100.0%)0025
202316 (—)0016
20222 (—)002
20213 (—)003

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Prong 1: Substantial merit and national importance53053100.0%
Prong 2: Well positioned to advance the endeavor34034100.0%
Prong 3: On balance, waiver benefits the U.S.30030100.0%
Exceptional ability25025100.0%
Advanced degree15015—

Example Decisions

Dismissed2024-08-15The appeal was dismissed because the petitioner failed to establish that their proposed endeavor, operating a constructi Dismissed2024-06-28The appeal was dismissed because the petitioner failed to demonstrate the national importance of her proposed endeavor i Dismissed2024-09-17The appeal was dismissed because the petitioner failed to establish that his proposed endeavor in real estate had nation Dismissed2024-05-02The appeal was dismissed because the petitioner failed to establish eligibility as an advanced degree professional due t Dismissed2024-03-22The appeal was dismissed because the petitioner failed to establish that his proposed endeavor in real estate and constr
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20121 (—)001

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Procedural/filing101

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2021–2025); 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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