EB-2 NIW Appeals: Martial Arts
Last updated 2026-09-02
The AAO dismissed 88.0% of EB-2 NIW appeals from Martial Arts petitioners in published non-precedent decisions from 2019–2025 (n=25). The criterion most often at issue was Exceptional ability.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 1 (—) | 0 | 0 | 1 |
| 2024 | 8 (—) | 0 | 0 | 8 |
| 2023 | 6 (—) | 0 | 1 | 7 |
| 2022 | 2 (—) | 0 | 0 | 2 |
| 2021 | 3 (—) | 0 | 2 | 5 |
| 2020 | 1 (—) | 0 | 0 | 1 |
| 2019 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Exceptional ability | 47 | 0 | 52 | 90.4% |
| Prong 1: Substantial merit and national importance | 16 | 0 | 17 | — |
| Advanced degree | 14 | 0 | 16 | — |
| Prong 3: On balance, waiver benefits the U.S. | 9 | 0 | 11 | — |
| Prong 2: Well positioned to advance the endeavor | 9 | 0 | 10 | — |
Example Decisions
Dismissed2021-03-12The appeal was dismissed because the petitioner failed to establish eligibility as an individual of exceptional ability.
Dismissed2024-11-21The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor as a martial arts entre
Dismissed2023-07-27The appeal was dismissed because the petitioner failed to establish that their proposed endeavor, establishing a martial
Dismissed2023-01-10The appeal was dismissed because the petitioner failed to establish the underlying eligibility as an individual of excep
Dismissed2022-11-16The appeal was dismissed because the petitioner failed to meet the initial evidence requirements for an individual of ex
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2012 | 1 (—) | 0 | 0 | 1 |
| 2009 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 2 | 0 | 2 |
| National in scope (NYSDOT) | 2 | 0 | 2 |
| Substantially greater degree than U.S. worker (NYSDOT) | 2 | 0 | 2 |
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.
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