EB-2 NIW Appeals: Law
Last updated 2026-09-02
The AAO dismissed 91.8% of EB-2 NIW appeals from Law petitioners in published non-precedent decisions from 2017–2025 (n=146). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 6 (—) | 0 | 0 | 6 |
| 2024 | 57 (96.6%) | 0 | 2 | 59 |
| 2023 | 39 (86.7%) | 0 | 6 | 45 |
| 2022 | 16 (—) | 0 | 0 | 16 |
| 2021 | 8 (—) | 0 | 3 | 11 |
| 2020 | 1 (—) | 0 | 0 | 1 |
| 2019 | 3 (—) | 0 | 1 | 4 |
| 2018 | 1 (—) | 0 | 0 | 1 |
| 2017 | 3 (—) | 0 | 0 | 3 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 138 | 0 | 147 | 93.9% |
| Prong 2: Well positioned to advance the endeavor | 94 | 0 | 100 | 94.0% |
| Prong 3: On balance, waiver benefits the U.S. | 87 | 0 | 94 | 92.6% |
| Exceptional ability | 52 | 0 | 56 | 92.9% |
| Advanced degree | 35 | 0 | 41 | 85.4% |
| Motion to reopen/reconsider | 19 | 0 | 24 | 79.2% |
Example Decisions
Dismissed2025-01-21The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence to overcome previous f
Dismissed2024-10-01The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor has national importance
Dismissed2024-09-25The appeal was dismissed because the petitioner failed to establish that her proposed endeavor, a legal and customs cons
Dismissed2024-08-07The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor at
Dismissed2024-06-18The appeal was dismissed because the petitioner failed to establish her eligibility for the underlying EB-2 classificati
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2013 | 4 (—) | 0 | 0 | 4 |
| 2011 | 3 (—) | 0 | 0 | 3 |
| 2010 | 2 (—) | 0 | 0 | 2 |
| 2009 | 2 (—) | 0 | 0 | 2 |
| 2008 | 1 (—) | 0 | 0 | 1 |
| 2007 | 1 (—) | 0 | 0 | 1 |
| 2005 | 0 (—) | 0 | 2 | 2 |
| 2001 | 2 (—) | 0 | 0 | 2 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| National in scope (NYSDOT) | 10 | 0 | 10 |
| Intrinsic merit (NYSDOT) | 9 | 0 | 9 |
| Exceptional ability | 6 | 0 | 8 |
| Substantially greater degree than U.S. worker (NYSDOT) | 8 | 0 | 8 |
| Advanced degree | 4 | 0 | 6 |
| Motion to reopen/reconsider | 5 | 0 | 5 |
| Prong 3: On balance, waiver benefits the U.S. | 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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