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

  1. 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
  2. 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
  3. 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

YearDismissedSustainedRemandedTotal
20251 (—)001
202426 (92.9%)0228
202325 (100.0%)0025
20227 (—)007
20216 (—)039
20201 (—)001

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Prong 1: Substantial merit and national importance7507896.2%
Prong 3: On balance, waiver benefits the U.S.4805292.3%
Prong 2: Well positioned to advance the endeavor4705094.0%
Exceptional ability3003293.8%
Advanced degree2102487.5%

Example Decisions

Dismissed2024-07-08The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor. While her plan to open a physical therapy clinic was found to have substantial merit, the AAO… Dismissed2024-05-06The appeal was dismissed because the petitioner failed to establish that her proposed endeavor as an audiologist had national importance. The AAO found that while her work has substantial merit, the petitioner did not… Dismissed2023-09-29The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor had national importance. The AAO found that while physical therapy has substantial merit, the petitioner's plan to open a… Dismissed2023-09-28The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor in physiotherapy and ergonomics had national importance, as required by the first prong of the Dhanasar framework. The AAO… Dismissed2023-08-24The appeal was dismissed because the petitioner did not establish that her proposed endeavor had national importance or that she was well-positioned to advance it. The AAO found that while her work as a physical…
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20130 (—)011
20111 (—)001

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Advanced degree102
Exceptional ability102

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.

Filing your own EB-2 NIW? See how your CV maps to the criteria — free strategy preview.
Get Your Free Strategy Preview →