EB-2 NIW Appeals: Human Resources
Last updated 2026-09-02
The AAO dismissed 100.0% of EB-2 NIW appeals from Human Resources petitioners in published non-precedent decisions from 2018–2025 (n=50). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 3 (—) | 0 | 0 | 3 |
| 2024 | 20 (100.0%) | 0 | 0 | 20 |
| 2023 | 21 (100.0%) | 0 | 0 | 21 |
| 2022 | 2 (—) | 0 | 0 | 2 |
| 2021 | 2 (—) | 0 | 0 | 2 |
| 2020 | 1 (—) | 0 | 0 | 1 |
| 2018 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 48 | 0 | 48 | 100.0% |
| Prong 2: Well positioned to advance the endeavor | 30 | 0 | 30 | 100.0% |
| Prong 3: On balance, waiver benefits the U.S. | 27 | 0 | 27 | 100.0% |
| Exceptional ability | 20 | 0 | 20 | 100.0% |
| Advanced degree | 19 | 0 | 19 | — |
Example Decisions
Dismissed2024-10-25The appeal was dismissed because the petitioner failed to demonstrate that their proposed endeavor as a human resources
Dismissed2024-09-03The motion to reconsider was dismissed because the petitioner failed to prove eligibility as an advanced degree professi
Dismissed2024-07-09The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 immigrant classi
Dismissed2024-06-04The appeal was dismissed because the petitioner failed to establish the 'national importance' of her proposed endeavor.
Dismissed2024-04-25The appeal was dismissed because the petitioner failed to establish that her proposed human resources consulting busines
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.
Get Your Free Strategy Preview →