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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 2 (—) | 0 | 0 | 2 |
| 2024 | 25 (100.0%) | 0 | 0 | 25 |
| 2023 | 16 (—) | 0 | 0 | 16 |
| 2022 | 2 (—) | 0 | 0 | 2 |
| 2021 | 3 (—) | 0 | 0 | 3 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 53 | 0 | 53 | 100.0% |
| Prong 2: Well positioned to advance the endeavor | 34 | 0 | 34 | 100.0% |
| Prong 3: On balance, waiver benefits the U.S. | 30 | 0 | 30 | 100.0% |
| Exceptional ability | 25 | 0 | 25 | 100.0% |
| Advanced degree | 15 | 0 | 15 | — |
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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2012 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Procedural/filing | 1 | 0 | 1 |
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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