Is the 96.9% dismissal rate the EB-2 NIW approval rate for nursing & healthcare?

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 nurses and healthcare workers get an EB-2 NIW? What 127 AAO decisions say

Published AAO non-precedent decisions, 2020–2025 · updated 2026-10-16

Between 2020 and 2025 the AAO published 127 EB-2 NIW appeal decisions from nursing & healthcare petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (90 of the 120 merits dismissals, 75%). Second: advanced degree or exceptional ability not established (16, 13%). 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

90 of 120 Proposed endeavor not shown to have national importance
“The evidence did not establish that his work as a safety engineer or consultant would have broader implications for the field or a substantial positive economic impact beyond his immediate clients.” AAO, 2023
16 of 120 Advanced degree or exceptional ability not established
“As the petitioner did not meet the minimum number of criteria for exceptional ability, they were ineligible for the classification and therefore the national interest waiver.” AAO, 2024
13 of 120 Proposed endeavor too vague or too local
“The petitioner did not provide sufficient evidence that her business would have a significant economic impact nationally or regionally, or that it would substantially advance the U.S.” AAO, 2024

No EB-2 NIW appeal from nursing & healthcare petitioners was sustained in this period. The record shows what did not work; it does not show what would.

Outcomes by Year

Year	Dismissed	Remanded	Total
2025	9 (—)	1	10
2024	66 (100.0%)	0	66
2023	32 (94.1%)	2	34
2022	7 (—)	1	8
2021	8 (—)	0	8
2020	1 (—)	0	1

Criteria Breakdown

Criterion	In Dismissed	Total	Dismissal Rate
Prong 1: Substantial merit and national importance	141	145	97.2%
Prong 2: Well positioned to advance the endeavor	86	89	96.6%
Prong 3: On balance, waiver benefits the U.S.	75	77	97.4%
Exceptional ability	31	35	88.6%
Advanced degree	27	32	84.4%
Motion to reopen/reconsider	29	30	96.7%

Example Decisions

Dismissed2024-08-06The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance. While the plan to provide healthcare services to the Latino community in Connecticut was found to… Dismissed2024-06-20The appeal was dismissed because the AAO determined the petitioner did not meet the underlying EB-2 classification requirements. The AAO found she did not possess an advanced degree or its equivalent, as she lacked the… Dismissed2024-06-04The motions to reopen and reconsider were dismissed because the petitioner failed to meet the required standards. For the motion to reopen, he did not provide new facts to overcome the previous finding that his endeavor… Dismissed2024-05-15The motions to reopen and reconsider were dismissed because the petitioner failed to provide new facts or demonstrate an incorrect application of law. The AAO affirmed its prior decision that the petitioner did not… Dismissed2024-05-08The appeal was dismissed because the petitioner failed to establish that her proposed endeavor, establishing a home health aide business, was of 'national importance' under the Dhanasar framework. Although her work was…

NYSDOT-era decisions (pre-2017)

Outcomes by Year

Year	Dismissed	Total
2016	2 (—)	2
2015	1 (—)	1
2013	1 (—)	1
2012	2 (—)	2
2011	2 (—)	2
2007	1 (—)	1
2005	2 (—)	2

Criteria Discussed

Criterion	In Dismissed	Total
Exceptional ability	10	10
Advanced degree	7	7
National in scope (NYSDOT)	5	5
Intrinsic merit (NYSDOT)	4	4
Substantially greater degree than U.S. worker (NYSDOT)	3	3
Procedural/filing	2	2
Motion to reopen/reconsider	2	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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