Why does the AAO dismiss EB-2 NIW appeals from logistics & supply chain petitioners?

Proposed endeavor not shown to have national importance (77 of 112 merits dismissals); Advanced degree or exceptional ability not established (31 of 112 merits dismissals)

Is the 93.4% dismissal rate the EB-2 NIW approval rate for logistics & supply chain?

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 logistics professionals get an EB-2 NIW? What 121 AAO decisions say

Published AAO non-precedent decisions, 2017–2025 · updated 2026-10-16

Between 2017 and 2025 the AAO published 121 EB-2 NIW appeal decisions from logistics & supply chain petitioners; 1 was sustained and 113 dismissed. The most common ground for dismissal: proposed endeavor not shown to have national importance (77 of the 112 merits dismissals, 69%). Second: advanced degree or exceptional ability not established (31, 28%). What the sustained decision had: endeavor tied to a documented national priority or broad population; independent, specific expert letters. 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

77 of 112 Proposed endeavor not shown to have national importance
“The AAO determined that the petitioner's plan to start a cargo transportation company did not demonstrate the necessary broader implications, such as significant potential for U.S.” AAO, 2024
31 of 112 Advanced degree or exceptional ability not established
“Although the petitioner possessed advanced degrees in chemistry and materials science, he did not demonstrate that his proposed endeavor as a truck driver and logistics business owner is a 'profession' that requires such a degree.” AAO, 2023

What the 1 sustained decision had

1 of 1 Endeavor tied to a documented national priority or broad population
“The AAO found that the petitioner's proposed endeavor to improve transportation forecasting models has both substantial merit and national importance.” AAO, 2022
1 of 1 Independent, specific expert letters
“Furthermore, the petitioner's advanced degrees, publications, citations, and expert recommendations established that he is well-positioned to advance his research.” AAO, 2022
1 of 1 Published, cited, or adopted work
“Furthermore, the petitioner's advanced degrees, publications, citations, and expert recommendations established that he is well-positioned to advance his research.” AAO, 2022

Outcomes by Year

Year	Dismissed	Sustained	Remanded	Total
2025	5 (—)	0	0	5
2024	54 (93.1%)	0	4	58
2023	37 (94.9%)	0	2	39
2022	8 (—)	1	1	10
2021	7 (—)	0	0	7
2020	1 (—)	0	0	1
2017	1 (—)	0	0	1

Criteria Breakdown

Criterion	In Dismissed	In Sustained	Total	Dismissal Rate
Prong 1: Substantial merit and national importance	112	1	120	93.3%
Prong 2: Well positioned to advance the endeavor	71	1	79	89.9%
Prong 3: On balance, waiver benefits the U.S.	68	1	76	89.5%
Exceptional ability	67	0	70	95.7%
Advanced degree	37	0	40	92.5%

Example Decisions

Sustained2022-11-17The appeal was sustained because the petitioner, a transportation researcher, successfully demonstrated eligibility for a national interest waiver under the Dhanasar framework. The AAO found that the petitioner's… Dismissed2024-07-25The appeal was dismissed because the petitioner attempted to make a material change to the petition on motion by changing the intended location of his business. The AAO agreed this was impermissible as eligibility must… Dismissed2024-06-06The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor in cargo transportation and logistics had national importance. While the AAO agreed the endeavor had substantial merit, it… Dismissed2024-05-22The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification, as he did not provide the required letters from former employers to prove five years of progressive… Dismissed2024-05-09The appeal was dismissed because the petitioner failed to establish that their proposed endeavor, operating a freight transportation company, had national importance. Although the Director found the endeavor had… Dismissed2024-05-07The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor has national importance. The AAO found that the petitioner focused on the general logistics sector rather than his…

NYSDOT-era decisions (pre-2017)

Outcomes by Year

Year	Dismissed	Sustained	Total
2013	1 (—)	0	1
2012	2 (—)	0	2
2011	5 (—)	0	5
2007	1 (—)	1	2

Criteria Discussed

Criterion	In Dismissed	In Sustained	Total
Intrinsic merit (NYSDOT)	4	1	5
National in scope (NYSDOT)	4	1	5
Substantially greater degree than U.S. worker (NYSDOT)	4	1	5
Advanced degree	4	0	4
Exceptional ability	4	0	4

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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