Why does the AAO dismiss EB-2 NIW appeals from information technology petitioners?

Proposed endeavor not shown to have national importance (122 of 155 merits dismissals); Advanced degree or exceptional ability not established (23 of 155 merits dismissals)

Is the 92.9% dismissal rate the EB-2 NIW approval rate for information technology?

No. These are published AAO decisions on appeals of denials, not all USCIS adjudications. Approved petitions are never appealed, so the dismissal rate on appeal is not an initial-filing approval rate. It shows which arguments the AAO rejected and which it accepted.

Can IT professionals get an EB-2 NIW? What 169 AAO decisions say

Published AAO non-precedent decisions, 2019–2025 · updated 2026-10-16

Between 2019 and 2025 the AAO published 169 EB-2 NIW appeal decisions from information technology petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (122 of the 155 merits dismissals, 79%). Second: advanced degree or exceptional ability not established (23, 15%). 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

122 of 155 Proposed endeavor not shown to have national importance
“The petitioner did not sufficiently demonstrate that his proposed endeavor in information technology and entrepreneurship was of national importance, failing to provide specific evidence beyond general business plans.” AAO, 2022
23 of 155 Advanced degree or exceptional ability not established
“Although the AAO determined that the petitioner did qualify for the underlying EB-2 classification based on exceptional ability, his business plan for an IT solutions company did not adequately explain or support its sales and staffing projections to…” AAO, 2022

No EB-2 NIW appeal from information technology petitioners was sustained in this period. The record shows what did not work; it does not show what would.

Outcomes by Year

Year	Dismissed	Remanded	Total
2025	5 (—)	1	6
2024	94 (95.9%)	4	98
2023	38 (88.4%)	5	43
2022	10 (—)	0	10
2021	8 (—)	1	9
2020	1 (—)	0	1
2019	1 (—)	1	2

Criteria Breakdown

Criterion	In Dismissed	Total	Dismissal Rate
Prong 1: Substantial merit and national importance	182	193	94.3%
Prong 2: Well positioned to advance the endeavor	110	120	91.7%
Prong 3: On balance, waiver benefits the U.S.	102	111	91.9%
Exceptional ability	65	71	91.5%
Advanced degree	36	42	85.7%
Motion to reopen/reconsider	11	11	—

Example Decisions

Dismissed2024-06-25The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has national importance as required under the Dhanasar framework. While his work in IT consulting was found to have… Dismissed2024-06-21The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability, meeting only two of the required three criteria. The AAO… Dismissed2024-05-30The appeal was dismissed because the petitioner failed to establish that his proposed endeavor as a systems engineer had national importance. The AAO found that the evidence, including expert letters, was too general,… Dismissed2024-04-19The appeal was dismissed because the petitioner provided inconsistent information regarding his proposed endeavor, making it unclear whether he planned to work as a technology consultant, an IT entrepreneur, or a… Dismissed2024-04-15The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has national importance, which is a required component of the first prong of the Dhanasar framework. The AAO found the…

NYSDOT-era decisions (pre-2017)

Outcomes by Year

Year	Dismissed	Sustained	Total
2016	2 (—)	0	2
2015	1 (—)	0	1
2014	2 (—)	0	2
2013	1 (—)	0	1
2012	3 (—)	0	3
2011	2 (—)	0	2
2009	1 (—)	0	1
2008	0 (—)	1	1
2007	1 (—)	0	1
2006	0 (—)	2	2
2005	6 (—)	0	6

Criteria Discussed

Criterion	In Dismissed	In Sustained	Total
Intrinsic merit (NYSDOT)	14	3	17
National in scope (NYSDOT)	14	3	17
Substantially greater degree than U.S. worker (NYSDOT)	14	3	17
Exceptional ability	3	1	4
Advanced degree	3	0	3
Motion to reopen/reconsider	2	0	2
Procedural/filing	1	0	1

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2019–2025); 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.

Filing your own EB-2 NIW? See how your CV maps to the criteria — free strategy preview.
Get Your Free Strategy Preview →