EB-2 NIW Appeals: Visual Arts

Last updated 2026-09-02

The AAO dismissed 96.0% of EB-2 NIW appeals from Visual Arts petitioners in published non-precedent decisions from 2021–2025 (n=25). The criterion most often at issue was Exceptional ability.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20251 (—)001
20247 (—)007
20238 (—)019
20222 (—)002
20216 (—)006

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Exceptional ability3804095.0%
Prong 1: Substantial merit and national importance2102391.3%

Example Decisions

Dismissed2023-10-05The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the underlying requiremen Dismissed2023-06-20The appeal was dismissed because the petitioner failed to demonstrate the 'national importance' of his proposed endeavor Dismissed2022-09-15The appeal was dismissed because the petitioner presented inconsistent evidence regarding her proposed endeavor. She ini Dismissed2021-07-21The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification a Dismissed2024-08-27The combined motion to reopen and reconsider was dismissed. The motion to reopen was dismissed because the petitioner di
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20151 (—)001
20143 (—)003
20134 (—)004
20121 (—)001
20113 (—)003
20092 (—)002
20071 (—)012

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Exceptional ability12012
Intrinsic merit (NYSDOT)707
National in scope (NYSDOT)707
Substantially greater degree than U.S. worker (NYSDOT)707
Advanced degree505
Procedural/filing202
Motion to reopen/reconsider202

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2021–2025); 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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