EB-2 NIW Appeals: Culinary Arts

Last updated 2026-09-02

The AAO dismissed 86.5% of EB-2 NIW appeals from Culinary Arts petitioners in published non-precedent decisions from 2019–2025 (n=37). The criterion most often at issue was Prong 1: Substantial merit and national importance.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20251 (—)001
202424 (88.9%)0327
20234 (—)026
20221 (—)001
20211 (—)001
20191 (—)001

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Prong 1: Substantial merit and national importance3003488.2%
Exceptional ability2603378.8%
Prong 2: Well positioned to advance the endeavor1802281.8%
Prong 3: On balance, waiver benefits the U.S.14018—
Motion to reopen/reconsider12012—

Example Decisions

Dismissed2024-09-27The motions were dismissed because the petitioner failed to establish her eligibility for the underlying EB-2 classifica Dismissed2024-07-11The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 exceptional abil Dismissed2024-05-31The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification a Dismissed2024-05-10The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification. Dismissed2024-01-18The appeal was dismissed because the AAO determined the petitioner was categorically ineligible for the underlying EB-2
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20141 (—)001
20101 (—)001

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Intrinsic merit (NYSDOT)202
National in scope (NYSDOT)202
Substantially greater degree than U.S. worker (NYSDOT)202

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2019–2025); 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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