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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 1 (—) | 0 | 0 | 1 |
| 2024 | 7 (—) | 0 | 0 | 7 |
| 2023 | 8 (—) | 0 | 1 | 9 |
| 2022 | 2 (—) | 0 | 0 | 2 |
| 2021 | 6 (—) | 0 | 0 | 6 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Exceptional ability | 38 | 0 | 40 | 95.0% |
| Prong 1: Substantial merit and national importance | 21 | 0 | 23 | 91.3% |
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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2015 | 1 (—) | 0 | 0 | 1 |
| 2014 | 3 (—) | 0 | 0 | 3 |
| 2013 | 4 (—) | 0 | 0 | 4 |
| 2012 | 1 (—) | 0 | 0 | 1 |
| 2011 | 3 (—) | 0 | 0 | 3 |
| 2009 | 2 (—) | 0 | 0 | 2 |
| 2007 | 1 (—) | 0 | 1 | 2 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Exceptional ability | 12 | 0 | 12 |
| Intrinsic merit (NYSDOT) | 7 | 0 | 7 |
| National in scope (NYSDOT) | 7 | 0 | 7 |
| Substantially greater degree than U.S. worker (NYSDOT) | 7 | 0 | 7 |
| Advanced degree | 5 | 0 | 5 |
| Procedural/filing | 2 | 0 | 2 |
| Motion to reopen/reconsider | 2 | 0 | 2 |
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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