EB-2 NIW Appeals: Public Health
Last updated 2026-09-02
The AAO dismissed 89.7% of EB-2 NIW appeals from Public Health petitioners in published non-precedent decisions from 2018–2025 (n=29). 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 | 17 (—) | 0 | 2 | 19 |
| 2023 | 3 (—) | 0 | 0 | 3 |
| 2021 | 5 (—) | 0 | 0 | 5 |
| 2018 | 0 (—) | 1 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 30 | 1 | 33 | 90.9% |
| Prong 2: Well positioned to advance the endeavor | 21 | 1 | 24 | 87.5% |
| Prong 3: On balance, waiver benefits the U.S. | 19 | 1 | 22 | 86.4% |
Example Decisions
Sustained2018-08-22The appeal was sustained because the AAO found that the petitioner's proposed research in oncology and checkpoint inhibi
Dismissed2024-10-08The appeal was dismissed because the petitioner failed to establish the first prong of the Dhanasar framework for a nati
Dismissed2024-08-12The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance.
Dismissed2023-12-05The appeal was dismissed because the petitioner failed to establish she was well-positioned to advance her proposed ende
Dismissed2021-06-08The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance.
Dismissed2021-06-24The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. The petitio
Dismissed cases most often lacked 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 | 2 (—) | 0 | 0 | 2 |
| 2013 | 2 (—) | 0 | 0 | 2 |
| 2012 | 2 (—) | 0 | 0 | 2 |
| 2011 | 1 (—) | 0 | 0 | 1 |
| 2010 | 1 (—) | 0 | 0 | 1 |
| 2009 | 1 (—) | 0 | 0 | 1 |
| 2008 | 1 (—) | 1 | 0 | 2 |
| 2005 | 3 (—) | 0 | 0 | 3 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 12 | 1 | 13 |
| National in scope (NYSDOT) | 12 | 1 | 13 |
| Substantially greater degree than U.S. worker (NYSDOT) | 11 | 1 | 12 |
| Exceptional ability | 6 | 0 | 6 |
| Advanced degree | 1 | 0 | 1 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2018–2025); 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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