EB-2 NIW Appeals: Hospitality & Tourism
Last updated 2026-09-02
The AAO dismissed 95.7% of EB-2 NIW appeals from Hospitality & Tourism petitioners in published non-precedent decisions from 2023–2025 (n=23). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 1 (—) | 0 | 0 | 1 |
| 2024 | 14 (—) | 0 | 1 | 15 |
| 2023 | 7 (—) | 0 | 0 | 7 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 21 | 0 | 21 | 100.0% |
| Exceptional ability | 17 | 0 | 17 | — |
| Prong 2: Well positioned to advance the endeavor | 14 | 0 | 14 | — |
| Prong 3: On balance, waiver benefits the U.S. | 13 | 0 | 13 | — |
| Advanced degree | 13 | 0 | 13 | — |
Example Decisions
Dismissed2024-08-06The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance.
Dismissed2024-11-22The appeal was dismissed because the petitioner failed to establish that her proposed endeavor, creating a travel and to
Dismissed2024-11-21The appeal was dismissed because the Petitioner failed to establish that their proposed endeavor has national importance
Dismissed2024-03-26The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework for a National
Dismissed2023-12-08The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification,
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2023–2025); 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.
Get Your Free Strategy Preview →