EB-2 NIW Appeals: Physical Therapy
Last updated 2026-09-02
The AAO dismissed 93.0% of EB-2 NIW appeals from Physical Therapy petitioners in published non-precedent decisions from 2020–2025 (n=71). 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 | 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
Dismissed2024-12-20The appeal was dismissed because the petitioner failed to establish eligibility as an individual of exceptional ability,
Dismissed2024-09-16The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification.
Dismissed2024-08-05The motion to reconsider was dismissed because the petitioner failed to demonstrate that the AAO's prior decision was ba
Dismissed2020-10-16The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework. The AAO agreed
Dismissed2021-03-25The appeal was dismissed because the petitioner failed to demonstrate the national importance of her proposed endeavor,
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 |
|---|---|---|---|
| Exceptional ability | 1 | 0 | 2 |
| Advanced degree | 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.
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