EB-2 NIW Appeals: Education
Last updated 2026-09-02
The AAO dismissed 94.5% of EB-2 NIW appeals from Education petitioners in published non-precedent decisions from 2017–2025 (n=163). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 8 (—) | 0 | 0 | 8 |
| 2024 | 58 (95.1%) | 0 | 3 | 61 |
| 2023 | 46 (90.2%) | 1 | 4 | 51 |
| 2022 | 7 (—) | 0 | 1 | 8 |
| 2021 | 8 (—) | 0 | 0 | 8 |
| 2020 | 4 (—) | 0 | 0 | 4 |
| 2019 | 4 (—) | 0 | 0 | 4 |
| 2018 | 12 (—) | 0 | 0 | 12 |
| 2017 | 7 (—) | 0 | 0 | 7 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 161 | 1 | 169 | 95.3% |
| Prong 2: Well positioned to advance the endeavor | 96 | 1 | 103 | 93.2% |
| Prong 3: On balance, waiver benefits the U.S. | 88 | 1 | 93 | 94.6% |
| Exceptional ability | 40 | 0 | 46 | 87.0% |
| Advanced degree | 41 | 0 | 45 | 91.1% |
| Motion to reopen/reconsider | 38 | 0 | 38 | 100.0% |
| Procedural/filing | 10 | 0 | 10 | — |
Example Decisions
Sustained2023-11-17The appeal was sustained because the AAO found that the petitioner's work revitalizing Indigenous languages through a sc
Dismissed2025-02-26The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance.
Dismissed2024-08-29The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on
Dismissed2024-08-16The motions to reopen and reconsider were dismissed. The petitioner failed to provide new facts for reopening and did no
Dismissed2024-08-13The motion to reconsider was dismissed because it failed to meet the legal standard. The petitioner did not argue that t
Dismissed2024-07-19The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification.
In sustained EB-2 NIW appeals for Education petitioners, the AAO credited evidence such as evidence that the proposed endeavor has national importance. Denied cases most often lacked evidence that benefits extend beyond the petitioner's own work or employer; sufficient documentary evidence to meet the evidentiary standard; evidence of national importance (as opposed to local or personal benefit).
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 23 (100.0%) | 0 | 0 | 23 |
| 2015 | 15 (—) | 0 | 0 | 15 |
| 2014 | 50 (98.0%) | 0 | 1 | 51 |
| 2013 | 64 (97.0%) | 0 | 2 | 66 |
| 2012 | 4 (—) | 0 | 0 | 4 |
| 2011 | 3 (—) | 0 | 0 | 3 |
| 2010 | 3 (—) | 0 | 0 | 3 |
| 2009 | 3 (—) | 0 | 0 | 3 |
| 2008 | 1 (—) | 0 | 0 | 1 |
| 2007 | 1 (—) | 0 | 1 | 2 |
| 2006 | 2 (—) | 0 | 0 | 2 |
| 2005 | 4 (—) | 0 | 0 | 4 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| National in scope (NYSDOT) | 154 | 0 | 155 |
| Intrinsic merit (NYSDOT) | 152 | 0 | 153 |
| Substantially greater degree than U.S. worker (NYSDOT) | 137 | 0 | 138 |
| Exceptional ability | 23 | 0 | 28 |
| Advanced degree | 16 | 0 | 16 |
| Motion to reopen/reconsider | 10 | 0 | 10 |
| Procedural/filing | 4 | 0 | 4 |
| Prong 3: On balance, waiver benefits the U.S. | 1 | 0 | 1 |
| Prong 1: Substantial merit and national importance | 1 | 0 | 1 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2017–2025); 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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