EB-2 NIW Appeals: Environmental Science
Last updated 2026-09-02
The AAO dismissed 87.5% of EB-2 NIW appeals from Environmental Science petitioners in published non-precedent decisions from 2018–2025 (n=32). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 2 (—) | 0 | 0 | 2 |
| 2024 | 9 (—) | 0 | 2 | 11 |
| 2023 | 8 (—) | 0 | 1 | 9 |
| 2022 | 3 (—) | 0 | 0 | 3 |
| 2021 | 3 (—) | 0 | 1 | 4 |
| 2019 | 2 (—) | 0 | 0 | 2 |
| 2018 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 25 | 0 | 28 | 89.3% |
| Prong 2: Well positioned to advance the endeavor | 24 | 0 | 26 | 92.3% |
| Prong 3: On balance, waiver benefits the U.S. | 21 | 0 | 24 | 87.5% |
| Exceptional ability | 16 | 0 | 17 | — |
| Advanced degree | 7 | 0 | 12 | — |
Example Decisions
Dismissed2018-06-14The appeal was dismissed because the petitioner failed to establish eligibility for a national interest waiver under the
Dismissed2025-03-05The appeal was dismissed because the petitioner failed to establish the 'national importance' of his proposed endeavor u
Dismissed2024-04-26The appeal was dismissed because the petitioner failed to establish the 'national importance' of her proposed endeavor u
Dismissed2023-09-28The appeal was dismissed because the petitioner failed to meet the second prong of the Dhanasar framework. While the AAO
Dismissed2023-06-21The appeal was dismissed because the petitioner failed to establish the national importance of her specific proposed end
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 3 (—) | 0 | 0 | 3 |
| 2015 | 1 (—) | 0 | 0 | 1 |
| 2014 | 3 (—) | 0 | 0 | 3 |
| 2013 | 2 (—) | 0 | 0 | 2 |
| 2012 | 3 (—) | 0 | 0 | 3 |
| 2011 | 2 (—) | 1 | 0 | 3 |
| 2010 | 1 (—) | 0 | 0 | 1 |
| 2005 | 4 (—) | 2 | 0 | 6 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 17 | 3 | 20 |
| National in scope (NYSDOT) | 17 | 3 | 20 |
| Substantially greater degree than U.S. worker (NYSDOT) | 16 | 3 | 19 |
| Exceptional ability | 5 | 0 | 5 |
| Motion to reopen/reconsider | 2 | 0 | 2 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2018–2025); 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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