Can engineers get an EB-2 NIW? What 397 AAO decisions say
Published AAO non-precedent decisions, 2017–2025 · updated 2026-10-16
Between 2017 and 2025 the AAO published 397 EB-2 NIW appeal decisions from engineering petitioners; 18 were sustained and 350 dismissed. The most common ground for dismissal: proposed endeavor not shown to have national importance (265 of the 345 merits dismissals, 77%). Second: not well positioned to advance the endeavor (48, 14%). What the sustained decisions had: endeavor tied to a documented national priority or broad population; independent, specific expert letters. 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
- 265 of 345 Proposed endeavor not shown to have national importance
“While the petitioner's proposed endeavor in petroleum engineering was found to have substantial merit and national importance, the evidence was insufficient to demonstrate that the petitioner was well positioned to advance the endeavor.” AAO, 2021
- 48 of 345 Not well positioned to advance the endeavor
“While the petitioner's proposed endeavor in petroleum engineering was found to have substantial merit and national importance, the evidence was insufficient to demonstrate that the petitioner was well positioned to advance the endeavor.” AAO, 2021
- 41 of 345 Advanced degree or exceptional ability not established
“Although the AAO found he did qualify for the EB-2 category as an advanced degree professional and that his work had 'substantial merit,' he did not establish that his proposed consulting business would provide economic benefits of national significance or…” AAO, 2023
What the 18 sustained decisions had
- 14 of 18 Endeavor tied to a documented national priority or broad population
“The appeal was sustained because the AAO overturned the Director's decision, finding that the Petitioner's proposed endeavor in structural engineering research possesses both substantial merit and national importance.” AAO, 2021
- 3 of 18 Independent, specific expert letters
“The petitioner was also deemed well-positioned to advance his proposed endeavor based on his education, record of success, and expert testimony.” AAO, 2020
- 2 of 18 Published, cited, or adopted work
“Upon review, the AAO found the petitioner did satisfy these prongs, determining he was well-positioned to advance his endeavor due to his advanced degrees, cited articles, grants, and strong reference letters.” AAO, 2021
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
Sustained2024-04-22The appeal was sustained because the AAO, upon de novo review, found that the petitioner met all three prongs of the Dhanasar framework. The AAO determined that the beneficiary's work in electric vehicle charging and…
Sustained2023-02-02The appeal was sustained because the AAO found that the petitioner, an electrical engineering researcher, met all three prongs of the Dhanasar framework. The AAO determined the petitioner's proposed endeavor in…
Sustained2021-08-03The appeal was sustained because, upon de novo review, the AAO found that the petitioner met the three-prong test for a national interest waiver established in Matter of Dhanasar. The Director had initially denied the…
Sustained2021-07-08The Director initially denied the petition, concluding that while the petitioner qualified as an advanced degree professional, she had not shown that a national interest waiver of the job offer was warranted. Upon de…
Sustained2017-01-04The appeal was sustained because the AAO found that the petitioner's research in nano-biotechnology and electrophysiology met the criteria for a national interest waiver under the Matter of Dhanasar framework. The AAO…
Dismissed2024-08-14The appeal was dismissed because the petitioner failed to establish the underlying eligibility for the EB-2 classification. The AAO found the petitioner did not qualify as a professional holding an advanced degree or…
Dismissed2024-07-16The appeal was dismissed because, although the AAO determined the petitioner's proposed endeavor had substantial merit, it found she did not establish its national importance. The petitioner failed to provide sufficient…
Dismissed2024-07-16The motion to reopen was dismissed because the petitioner presented a new, materially changed endeavor, which is not permitted. The motion to reconsider was dismissed because the petitioner failed to demonstrate any…
Dismissed2024-07-10The combined motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts or demonstrate that the prior decision was based on an incorrect application of law. The AAO upheld its…
Dismissed2024-06-28The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. The petitioner provided only generalized information about the importance of her field, such as renewable…
In sustained EB-2 NIW appeals for Engineering petitioners, the AAO credited evidence such as competitively awarded research funding. Dismissed cases most often lacked a clearly defined proposed endeavor with specificity beyond a general field of work; evidence that benefits extend beyond the petitioner’s own work or employer; non-speculative evidence (claims were conclusory or unsupported).
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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