EB-2 NIW Appeals: Pharmacy
Last updated 2026-09-02
The AAO dismissed 90.0% of EB-2 NIW appeals from Pharmacy petitioners in published non-precedent decisions from 2022–2025 (n=20). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 1 (—) | 0 | 0 | 1 |
| 2024 | 12 (—) | 0 | 0 | 12 |
| 2023 | 5 (—) | 0 | 1 | 6 |
| 2022 | 0 (—) | 0 | 1 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 24 | 0 | 25 | 96.0% |
| Prong 2: Well positioned to advance the endeavor | 16 | 0 | 17 | — |
| Prong 3: On balance, waiver benefits the U.S. | 13 | 0 | 14 | — |
Example Decisions
Dismissed2025-02-07The appeal was dismissed because the petitioner failed to establish that the proposed endeavor was of national importanc
Dismissed2024-10-21The appeal was dismissed because the petitioner failed to demonstrate the 'national importance' of the beneficiary's pro
Dismissed2024-05-28The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor had 'national importanc
Dismissed2024-11-18The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed endeavor has nationa
Dismissed2024-07-10The appeal was dismissed because the petitioner failed to establish the 'national importance' of his proposed endeavor u
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2012 | 2 (—) | 0 | 0 | 2 |
| 2009 | 0 (—) | 1 | 0 | 1 |
| 2008 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 3 | 1 | 4 |
| National in scope (NYSDOT) | 3 | 1 | 4 |
| Substantially greater degree than U.S. worker (NYSDOT) | 3 | 1 | 4 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2022–2025); 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.
Get Your Free Strategy Preview →