Can teachers and educators get an EB-2 NIW? What 163 AAO decisions say

Published AAO non-precedent decisions, 2017–2025 · updated 2026-10-16

Between 2017 and 2025 the AAO published 163 EB-2 NIW appeal decisions from education petitioners; 1 was sustained and 154 dismissed. The most common ground for dismissal: proposed endeavor not shown to have national importance (96 of the 140 merits dismissals, 69%). Second: advanced degree or exceptional ability not established (25, 18%). What the sustained decision had: endeavor tied to a documented national priority or broad population. These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.

What the decisions say

Grounds for dismissal, by frequency

1. 96 of 140 Proposed endeavor not shown to have national importance

   “The motions to reopen and reconsider were dismissed because the petitioner failed to establish the national importance of her proposed endeavor in the field of education.” AAO, 2024

2. 25 of 140 Advanced degree or exceptional ability not established

   “Although she proved her eligibility for the underlying EB-2 classification (advanced degree) on motion, she did not demonstrate that her business providing ADHD-related training would have broader implications or substantial economic effects beyond her…” AAO, 2024

3. 16 of 140 Proposed endeavor too vague or too local

   “The Director found, and the AAO agreed, that the prospective impact of her work would be localized to her students and community, rather than impacting the education field on a broader, national scale as required.” AAO, 2023

What the 1 sustained decision had

1. 1 of 1 Endeavor tied to a documented national priority or broad population

   “The appeal was sustained because the AAO found that the petitioner's work revitalizing Indigenous languages through a school she founded had both substantial merit and national importance, thereby meeting the first prong of the Dhanasar framework which the…” AAO, 2023

Outcomes by Year

Criteria Breakdown

Example Decisions

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.