EB-2 NIW Appeals: Nursing & Healthcare
Last updated 2026-09-02
The AAO dismissed 96.9% of EB-2 NIW appeals from Nursing & Healthcare petitioners in published non-precedent decisions from 2020–2025 (n=127). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 9 (—) | 0 | 1 | 10 |
| 2024 | 66 (100.0%) | 0 | 0 | 66 |
| 2023 | 32 (94.1%) | 0 | 2 | 34 |
| 2022 | 7 (—) | 0 | 1 | 8 |
| 2021 | 8 (—) | 0 | 0 | 8 |
| 2020 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 141 | 0 | 145 | 97.2% |
| Prong 2: Well positioned to advance the endeavor | 86 | 0 | 89 | 96.6% |
| Prong 3: On balance, waiver benefits the U.S. | 75 | 0 | 77 | 97.4% |
| Exceptional ability | 31 | 0 | 35 | 88.6% |
| Advanced degree | 27 | 0 | 32 | 84.4% |
| Motion to reopen/reconsider | 29 | 0 | 30 | 96.7% |
Example Decisions
Dismissed2024-09-25The appeal was dismissed because the petitioner failed to establish that his proposed endeavor as a chief health officer
Dismissed2024-08-15The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification.
Dismissed2024-07-24The motions to reopen and reconsider were dismissed because the petitioner's new evidence was deemed a material change t
Dismissed2024-07-24The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor, creating a home health
Dismissed2024-05-14The appeal was dismissed because the petitioner failed to establish that her proposed endeavor of operating a home healt
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 2 (—) | 0 | 0 | 2 |
| 2015 | 1 (—) | 0 | 0 | 1 |
| 2013 | 1 (—) | 0 | 0 | 1 |
| 2012 | 2 (—) | 0 | 0 | 2 |
| 2011 | 2 (—) | 0 | 0 | 2 |
| 2007 | 1 (—) | 0 | 0 | 1 |
| 2005 | 2 (—) | 0 | 0 | 2 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Exceptional ability | 10 | 0 | 10 |
| Advanced degree | 7 | 0 | 7 |
| National in scope (NYSDOT) | 5 | 0 | 5 |
| Intrinsic merit (NYSDOT) | 4 | 0 | 4 |
| Substantially greater degree than U.S. worker (NYSDOT) | 3 | 0 | 3 |
| Procedural/filing | 2 | 0 | 2 |
| Motion to reopen/reconsider | 2 | 0 | 2 |
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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