Can physical therapists get an EB-2 NIW? What 71 AAO decisions say
Published AAO non-precedent decisions, 2020–2025 · updated 2026-10-16
Between 2020 and 2025 the AAO published 71 EB-2 NIW appeal decisions from physical therapy petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (49 of the 66 merits dismissals, 74%). Second: advanced degree or exceptional ability not established (14, 21%). 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
- 49 of 66 Proposed endeavor not shown to have national importance
“Although the director agreed the proposed endeavor had substantial merit, the petitioner did not establish that his plan to open a physical therapy and pilates clinic was of national importance.” AAO, 2023
- 14 of 66 Advanced degree or exceptional ability not established
“The appeal was dismissed because the petitioner failed to establish she qualifies as an advanced degree professional, as she does not hold the required Doctor of Physical Therapy (DPT) degree or its equivalent.” AAO, 2025
- 13 of 66 Proposed endeavor too vague or too local
“While her plan to open a physical therapy clinic was found to have substantial merit, the AAO determined that its impact was primarily local and did not demonstrate the broader prospective impact required under the Dhanasar framework.” AAO, 2024
No EB-2 NIW appeal from physical therapy petitioners was sustained in this period. The record shows what did not work; it does not show what would.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 1 (—) | 0 | 0 | 1 |
| 2024 | 26 (92.9%) | 0 | 2 | 28 |
| 2023 | 25 (100.0%) | 0 | 0 | 25 |
| 2022 | 7 (—) | 0 | 0 | 7 |
| 2021 | 6 (—) | 0 | 3 | 9 |
| 2020 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 75 | 0 | 78 | 96.2% |
| Prong 3: On balance, waiver benefits the U.S. | 48 | 0 | 52 | 92.3% |
| Prong 2: Well positioned to advance the endeavor | 47 | 0 | 50 | 94.0% |
| Exceptional ability | 30 | 0 | 32 | 93.8% |
| Advanced degree | 21 | 0 | 24 | 87.5% |
Example Decisions
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2013 | 0 (—) | 0 | 1 | 1 |
| 2011 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Advanced degree | 1 | 0 | 2 |
| Exceptional ability | 1 | 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.
Get Your Free Strategy Preview →