EB-2 NIW Appeals: Marketing & Sales
Last updated 2026-09-02
The AAO dismissed 96.4% of EB-2 NIW appeals from Marketing & Sales petitioners in published non-precedent decisions from 2020–2025 (n=110). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 7 (—) | 0 | 0 | 7 |
| 2024 | 46 (100.0%) | 0 | 0 | 46 |
| 2023 | 31 (93.9%) | 0 | 2 | 33 |
| 2022 | 7 (—) | 0 | 1 | 8 |
| 2021 | 13 (—) | 0 | 1 | 14 |
| 2020 | 2 (—) | 0 | 0 | 2 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 111 | 0 | 115 | 96.5% |
| Prong 2: Well positioned to advance the endeavor | 84 | 0 | 87 | 96.6% |
| Prong 3: On balance, waiver benefits the U.S. | 82 | 0 | 85 | 96.5% |
| Advanced degree | 28 | 0 | 31 | 90.3% |
| Exceptional ability | 29 | 0 | 30 | 96.7% |
Example Decisions
Dismissed2024-11-18The appeal was dismissed because the petitioner failed to establish that their proposed endeavor has national importance
Dismissed2024-09-06The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has 'national importance,
Dismissed2024-08-07The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor. Wh
Dismissed2024-07-19The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor, wh
Dismissed2024-06-14The appeal was dismissed because the petitioner materially changed his proposed endeavor after filing the petition, from
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2013 | 1 (—) | 0 | 0 | 1 |
| 2012 | 1 (—) | 0 | 0 | 1 |
| 2009 | 1 (—) | 0 | 0 | 1 |
| 2005 | 0 (—) | 0 | 1 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 3 | 0 | 3 |
| National in scope (NYSDOT) | 3 | 0 | 3 |
| Substantially greater degree than U.S. worker (NYSDOT) | 3 | 0 | 3 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2020–2025); 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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