EB-2 NIW Appeals: Engineering
Last updated 2026-09-02
The AAO dismissed 88.2% of EB-2 NIW appeals from Engineering petitioners in published non-precedent decisions from 2017–2025 (n=397). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 30 (90.9%) | 1 | 2 | 33 |
| 2024 | 152 (93.3%) | 3 | 8 | 163 |
| 2023 | 79 (86.8%) | 4 | 8 | 91 |
| 2022 | 20 (90.9%) | 0 | 2 | 22 |
| 2021 | 35 (79.5%) | 4 | 5 | 44 |
| 2020 | 12 (—) | 1 | 1 | 14 |
| 2019 | 6 (—) | 0 | 3 | 9 |
| 2018 | 10 (—) | 2 | 0 | 12 |
| 2017 | 6 (—) | 3 | 0 | 9 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 377 | 18 | 426 | 88.5% |
| Prong 2: Well positioned to advance the endeavor | 275 | 18 | 315 | 87.3% |
| Prong 3: On balance, waiver benefits the U.S. | 258 | 18 | 298 | 86.6% |
| Exceptional ability | 89 | 0 | 103 | 86.4% |
| Advanced degree | 75 | 2 | 95 | 78.9% |
| Motion to reopen/reconsider | 37 | 0 | 37 | 100.0% |
| Procedural/filing | 11 | 0 | 12 | — |
Example Decisions
Sustained2020-01-10The appeal was sustained because the petitioner successfully demonstrated eligibility for a National Interest Waiver und
Sustained2024-04-22The appeal was sustained because the AAO, upon de novo review, found that the petitioner met all three prongs of the Dha
Sustained2024-04-16The appeal was initially dismissed because the petitioner had not established he was well-positioned to advance his prop
Sustained2023-11-16The appeal was sustained because the AAO found that the petitioner, a biomedical engineer, met all three prongs of the D
Sustained2023-03-21The appeal was sustained because the petitioner established eligibility for a national interest waiver under the Dhanasa
Dismissed2025-02-18The appeal was dismissed because the petitioner failed to establish the 'national importance' of the beneficiary's propo
Dismissed2025-02-03The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor, an environmental consu
Dismissed2024-12-12The appeal was dismissed for two primary reasons. First, the signature on the appeal form was found to be simulated and
Dismissed2024-11-26The appeal was dismissed because the petitioner failed to establish that his proposed endeavor, a consulting company in
Dismissed2024-11-04The appeal was dismissed because the petitioner failed to meet the second prong of the Dhanasar framework. While the AAO
In sustained EB-2 NIW appeals for Engineering petitioners, the AAO credited evidence such as a track record showing the petitioner is positioned to advance the endeavor; evidence that the proposed endeavor has national importance. Dismissed cases most often lacked a clearly defined proposed endeavor with specificity beyond a general field of work; non-speculative evidence (claims were conclusory or unsupported); evidence that benefits extend beyond the petitioner's own work or employer.
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 3 (—) | 5 | 0 | 8 |
| 2015 | 6 (—) | 3 | 0 | 9 |
| 2014 | 13 (—) | 0 | 0 | 13 |
| 2013 | 6 (—) | 2 | 0 | 8 |
| 2012 | 3 (—) | 1 | 0 | 4 |
| 2011 | 19 (—) | 0 | 0 | 19 |
| 2010 | 2 (—) | 0 | 0 | 2 |
| 2009 | 3 (—) | 3 | 0 | 6 |
| 2008 | 5 (—) | 0 | 0 | 5 |
| 2007 | 11 (—) | 5 | 0 | 16 |
| 2006 | 5 (—) | 2 | 1 | 8 |
| 2005 | 12 (—) | 1 | 4 | 17 |
| 2003 | 1 (—) | 0 | 0 | 1 |
| 2001 | 2 (—) | 1 | 0 | 3 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 78 | 22 | 105 |
| National in scope (NYSDOT) | 78 | 22 | 105 |
| Substantially greater degree than U.S. worker (NYSDOT) | 71 | 21 | 97 |
| Exceptional ability | 35 | 4 | 41 |
| Advanced degree | 8 | 1 | 9 |
| Procedural/filing | 8 | 0 | 8 |
| Motion to reopen/reconsider | 6 | 0 | 6 |
| Prong 3: On balance, waiver benefits the U.S. | 2 | 0 | 2 |
| Fraud/misrepresentation | 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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