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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 1 (—) | 0 | 0 | 1 |
| 2024 | 24 (88.9%) | 0 | 3 | 27 |
| 2023 | 4 (—) | 0 | 2 | 6 |
| 2022 | 1 (—) | 0 | 0 | 1 |
| 2021 | 1 (—) | 0 | 0 | 1 |
| 2019 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 30 | 0 | 34 | 88.2% |
| Exceptional ability | 26 | 0 | 33 | 78.8% |
| Prong 2: Well positioned to advance the endeavor | 18 | 0 | 22 | 81.8% |
| Prong 3: On balance, waiver benefits the U.S. | 14 | 0 | 18 | — |
| Motion to reopen/reconsider | 12 | 0 | 12 | — |
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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2014 | 1 (—) | 0 | 0 | 1 |
| 2010 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 2 | 0 | 2 |
| National in scope (NYSDOT) | 2 | 0 | 2 |
| Substantially greater degree than U.S. worker (NYSDOT) | 2 | 0 | 2 |
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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