EB-2 NIW Appeals: Psychology & Social Sciences
Last updated 2026-09-02
The AAO dismissed 95.1% of EB-2 NIW appeals from Psychology & Social Sciences petitioners in published non-precedent decisions from 2017–2025 (n=41). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 2 (—) | 0 | 0 | 2 |
| 2024 | 20 (100.0%) | 0 | 0 | 20 |
| 2023 | 6 (—) | 0 | 1 | 7 |
| 2022 | 4 (—) | 1 | 0 | 5 |
| 2021 | 5 (—) | 0 | 0 | 5 |
| 2020 | 1 (—) | 0 | 0 | 1 |
| 2017 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 42 | 1 | 44 | 95.5% |
| Prong 2: Well positioned to advance the endeavor | 28 | 1 | 30 | 93.3% |
| Prong 3: On balance, waiver benefits the U.S. | 26 | 1 | 28 | 92.9% |
Example Decisions
Sustained2022-11-15The appeal was sustained because the AAO found the petitioner met the three-prong test for a national interest waiver un
Dismissed2024-11-20The appeal was dismissed because the petitioner failed to establish the 'national importance' prong of the national inte
Dismissed2020-01-07The motion was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification,
Dismissed2024-08-16The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on
Dismissed2024-08-02The appeal was dismissed because the petitioner failed to establish that her proposed endeavor has national importance,
Dismissed2024-07-08The motion was dismissed because the petitioner failed to establish the 'national importance' prong of the national inte
Dismissed cases most often lacked a clearly defined proposed endeavor with specificity beyond a general field of work; evidence that benefits extend beyond the petitioner’s own work or employer; evidence that the petitioner is positioned to advance the endeavor (Dhanasar prong 2).
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2015 | 1 (—) | 0 | 0 | 1 |
| 2014 | 1 (—) | 1 | 0 | 2 |
| 2013 | 1 (—) | 0 | 0 | 1 |
| 2012 | 3 (—) | 1 | 0 | 4 |
| 2011 | 1 (—) | 0 | 0 | 1 |
| 2010 | 1 (—) | 0 | 0 | 1 |
| 2007 | 1 (—) | 0 | 0 | 1 |
| 2006 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 8 | 2 | 10 |
| National in scope (NYSDOT) | 8 | 2 | 10 |
| Substantially greater degree than U.S. worker (NYSDOT) | 8 | 2 | 10 |
| Advanced degree | 2 | 0 | 2 |
| Motion to reopen/reconsider | 1 | 0 | 1 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2017–2025); 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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