Can finance and accounting professionals get an EB-2 NIW? What 292 AAO decisions say
Published AAO non-precedent decisions, 2017–2025 · updated 2026-10-16
Between 2017 and 2025 the AAO published 292 EB-2 NIW appeal decisions from finance & accounting petitioners; 2 were sustained and 268 dismissed. The most common ground for dismissal: proposed endeavor not shown to have national importance (206 of the 259 merits dismissals, 80%). Second: advanced degree or exceptional ability not established (42, 16%). What the sustained decisions had: endeavor tied to a documented national priority or broad population; record of achievement and a concrete plan. 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
- 206 of 259 Proposed endeavor not shown to have national importance
“The AAO determined the petitioner did not show that her work's prospective impact would extend beyond her own company and its clientele to more broadly impact her field or the U.S.” AAO, 2024
- 42 of 259 Advanced degree or exceptional ability not established
“The AAO withdrew the Director's finding that the petitioner qualified as an advanced degree professional, concluding that the petitioner's work experience did not amount to five years of progressive, post-baccalaureate experience in their specialty.” AAO, 2023
What the 2 sustained decisions had
- 1 of 2 Endeavor tied to a documented national priority or broad population
“Upon review, the AAO determined that the Petitioner's overall proposed endeavor in real estate finance has national importance and that he is well-positioned to advance it, citing his strong academic background, publications in top-tier journals, and…” AAO, 2023
- 1 of 2 Record of achievement and a concrete plan
“The AAO found the Director applied an incorrect standard, and determined that the petitioner's record of success, publications, awards, and letters of recommendation established he was well-positioned to advance his research in finance and economics.” AAO, 2024
- 1 of 2 Independent, specific expert letters
“The AAO found the Director applied an incorrect standard, and determined that the petitioner's record of success, publications, awards, and letters of recommendation established he was well-positioned to advance his research in finance and economics.” AAO, 2024
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 14 (—) | 0 | 0 | 14 |
| 2024 | 140 (93.3%) | 1 | 9 | 150 |
| 2023 | 72 (88.9%) | 1 | 8 | 81 |
| 2022 | 11 (—) | 0 | 4 | 15 |
| 2021 | 20 (95.2%) | 0 | 1 | 21 |
| 2020 | 6 (—) | 0 | 0 | 6 |
| 2019 | 2 (—) | 0 | 0 | 2 |
| 2018 | 2 (—) | 0 | 0 | 2 |
| 2017 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 300 | 2 | 325 | 92.3% |
| Prong 2: Well positioned to advance the endeavor | 199 | 2 | 218 | 91.3% |
| Prong 3: On balance, waiver benefits the U.S. | 180 | 1 | 197 | 91.4% |
| Exceptional ability | 84 | 0 | 96 | 87.5% |
| Advanced degree | 64 | 0 | 78 | 82.1% |
| Motion to reopen/reconsider | 40 | 0 | 44 | 90.9% |
Example Decisions
Sustained2024-10-16The appeal was sustained because the AAO disagreed with the Director's conclusion that the petitioner was not well-positioned to advance his endeavor. The AAO found the Director applied an incorrect standard, and…
Sustained2023-03-22The appeal was sustained because the AAO found the Director erred by narrowly focusing on only a part of the Petitioner's research. Upon review, the AAO determined that the Petitioner's overall proposed endeavor in real…
Dismissed2024-06-28The motion to reopen was dismissed for failing to provide new facts or evidence. The motion to reconsider was dismissed because the petitioner did not prove the prior decision misapplied the law; specifically, the…
Dismissed2024-06-26The motion to reopen was dismissed because the petitioner failed to establish eligibility at the time the petition was filed. The new evidence submitted, including a Master's degree obtained in December 2021,…
Dismissed2024-05-23The appeal was dismissed because the petitioner failed to establish that their proposed endeavor was of national importance. The AAO also withdrew the Director's finding that the petitioner was well positioned to…
Dismissed2024-02-27The appeal was dismissed because the petitioner failed to establish that his proposed endeavor, a financial training and consulting platform, possessed 'national importance.' The Director concluded that the petitioner…
Dismissed2024-02-15The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the Dhanasar framework. The AAO found that the evidence provided focused on the general value of…
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2014 | 1 (—) | 0 | 0 | 1 |
| 2013 | 1 (—) | 0 | 0 | 1 |
| 2012 | 2 (—) | 0 | 0 | 2 |
| 2011 | 2 (—) | 0 | 0 | 2 |
| 2010 | 1 (—) | 0 | 0 | 1 |
| 2009 | 1 (—) | 0 | 0 | 1 |
| 2008 | 1 (—) | 0 | 0 | 1 |
| 2007 | 3 (—) | 0 | 0 | 3 |
| 2006 | 2 (—) | 1 | 0 | 3 |
| 2005 | 5 (—) | 0 | 1 | 6 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 17 | 1 | 19 |
| National in scope (NYSDOT) | 17 | 1 | 19 |
| Substantially greater degree than U.S. worker (NYSDOT) | 17 | 1 | 18 |
| Advanced degree | 3 | 0 | 4 |
| Exceptional ability | 1 | 0 | 2 |
| Fraud/misrepresentation | 1 | 0 | 1 |
| Procedural/filing | 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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