EB-2 NIW Appeals: Software Engineering
Last updated 2026-09-02
The AAO dismissed 93.3% of EB-2 NIW appeals from Software Engineering petitioners in published non-precedent decisions from 2019–2025 (n=60). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 5 (—) | 0 | 1 | 6 |
| 2024 | 27 (96.4%) | 0 | 1 | 28 |
| 2023 | 11 (—) | 0 | 1 | 12 |
| 2022 | 3 (—) | 0 | 0 | 3 |
| 2021 | 9 (—) | 0 | 1 | 10 |
| 2019 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 55 | 0 | 58 | 94.8% |
| Prong 2: Well positioned to advance the endeavor | 47 | 0 | 50 | 94.0% |
| Prong 3: On balance, waiver benefits the U.S. | 44 | 0 | 47 | 93.6% |
| Exceptional ability | 27 | 0 | 35 | 77.1% |
| Advanced degree | 15 | 0 | 17 | — |
Example Decisions
Dismissed2025-02-26The appeal was dismissed because the petitioner failed to establish the 'national importance' prong of the Dhanasar fram
Dismissed2024-11-01The appeal was dismissed because the petitioner failed to establish eligibility for a national interest waiver under the
Dismissed2024-07-22The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor. Th
Dismissed2024-07-02The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor. Wh
Dismissed2024-04-11The appeal was dismissed because the petitioner materially changed his proposed endeavor after filing the petition, from
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 1 (—) | 0 | 0 | 1 |
| 2014 | 1 (—) | 0 | 0 | 1 |
| 2013 | 1 (—) | 0 | 0 | 1 |
| 2012 | 1 (—) | 0 | 0 | 1 |
| 2011 | 1 (—) | 0 | 0 | 1 |
| 2008 | 1 (—) | 0 | 0 | 1 |
| 2005 | 0 (—) | 2 | 0 | 2 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 6 | 2 | 8 |
| National in scope (NYSDOT) | 6 | 2 | 8 |
| Substantially greater degree than U.S. worker (NYSDOT) | 6 | 2 | 8 |
| Exceptional ability | 2 | 0 | 2 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2019–2025); 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 →