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Browse EB-2 NIW questions

No sign-in needed. Pick any question below and get a verified, cited answer — 3 free questions a month.

The questions people ask at each stage, from EB-2 eligibility through the three Dhanasar prongs to RFEs and appeals. Pick one to get a verified, cited answer, or ask your own in your words.

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Pick any question below to get a verified, cited answer from 20 years of AAO decisions.

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What share of NIW appeals are sustained, remanded or dismissed, and how has that changed by year?CHARTHow do appeal outcomes differ by field (STEM research, tech industry, healthcare, business, education, arts)?CHARTWhich occupations appear most often in NIW appeals?CHARTHow do outcomes compare for software engineers, physicians, researchers and entrepreneurs?CHARTWhich requirement fails most often: the threshold, prong 1, prong 2 or prong 3?CHARTHow often does the AAO decide a case on one prong and leave the others unaddressed?CHARTHow do outcomes compare for self-employed petitioners and those with a U.S. employer?CHARTHow do outcomes differ between petitions based on an advanced degree and on exceptional ability?CHARTHow do outcomes differ by endeavor type (research, industry employment, business venture, clinical practice, teaching)?CHARTWhich proposed endeavors in my field met national importance?CHART + EXAMPLESHow do outcomes compare for a PhD, a master's, and a bachelor's plus five years of experience?CHARTWhen the Director denied on prong 1, how often did the appeal succeed?CHARTHow do outcomes compare by career stage (recent graduate, mid-career, senior)?CHARTHow does the AAO apply the three-prong Dhanasar framework?POLICY + EXAMPLESHow did the earlier NYSDOT framework differ, and how do pre-2017 decisions compare?POLICY + CHARTWhat does the Policy Manual say about NIW, and how has the guidance changed?POLICYHow does the AAO define the proposed endeavor, and how specific must it be?EXAMPLESHow does the AAO apply the preponderance of the evidence standard in NIW cases?POLICY + EXAMPLESDoes the petitioner need a job offer or a U.S. employer?POLICY + EXAMPLESHow does the AAO treat a proposed endeavor that changes after filing or in the RFE response?CHART + EXAMPLESHow does the AAO treat evidence created after the petition was filed?CHART + EXAMPLESHow does the AAO apply the Policy Manual guidance on STEM degrees and endeavors?POLICY + EXAMPLESWhich precedent decisions does the AAO cite most in NIW decisions?CHARTHow often is the threshold found not met, and for what reasons?CHARTWhen does a foreign degree fail as the equivalent of a U.S. master's or bachelor's degree?CHART + EXAMPLESHow does the AAO weigh credential evaluations?EXAMPLESWhen is a three-year bachelor's degree or a combination of degrees accepted?CHART + EXAMPLESWhat does the AAO require to prove five years of progressive post-baccalaureate experience?EXAMPLESWhy are experience letters rejected (missing details, experience before the degree, not progressive)?CHART + EXAMPLESWhich of the six exceptional ability criteria are claimed and met most often?CHARTHow often does a petitioner meet three exceptional ability criteria but fail the final determination?CHARTWhat counts as expertise significantly above that ordinarily encountered in the field?EXAMPLESHow is salary evidence for exceptional ability treated, and which comparison data is accepted?CHART + EXAMPLESHow are professional memberships and licenses treated for exceptional ability?CHART + EXAMPLESWhen does the AAO find the degree unrelated to the proposed endeavor, and does it matter?EXAMPLESHow often is prong 1 not met, and is it usually national importance rather than substantial merit?CHARTWhat are the top reasons national importance fails?CHARTHow does the AAO apply "broader implications" beyond the petitioner's employer or clients?CHART + EXAMPLESWhen does a vague or general description of the endeavor sink prong 1?CHART + EXAMPLESHow does the AAO treat claims of economic impact and job creation?CHART + EXAMPLESWhen did an endeavor in an economically depressed area meet national importance?EXAMPLESHow are government reports, executive orders and national strategy documents treated as evidence of importance?CHART + EXAMPLESHow does the AAO separate the importance of the field from the importance of the specific endeavor?EXAMPLESWhat evidence did the AAO accept for national importance in AI and machine learning endeavors?CHART + EXAMPLESHow are critical and emerging technology endeavors treated?CHART + EXAMPLESHow are healthcare endeavors treated (clinical practice, nursing, public health, including COVID-19 and public health emergency arguments)?CHART + EXAMPLESHow are teaching and education endeavors treated?CHART + EXAMPLESWhen do consulting or professional services businesses meet national importance?CHART + EXAMPLESHow are shortage-occupation arguments treated?CHART + EXAMPLESWhich endeavors had substantial merit but lacked national importance, by field?CHARTHow often is prong 2 reached, and how often is it met?CHARTWhat are the top reasons prong 2 fails?CHARTHow are entrepreneurs' business plans treated?CHART + EXAMPLESHow does the AAO weigh education and skills against a record of past success?EXAMPLESHow are publications and citation counts weighed?CHART + EXAMPLESHow does the AAO treat letters from employers and collaborators compared with independent experts?CHART + EXAMPLESWhat evidence of interest from customers, users, investors or government entities was accepted?CHART + EXAMPLESHow is funding evidence (grants, investment, contracts) treated?CHART + EXAMPLESHow does the AAO evaluate progress toward the endeavor, such as startup traction?EXAMPLESHow are patents treated?CHART + EXAMPLESWhen does a gap between past work and the proposed endeavor sink prong 2?CHART + EXAMPLESWhich evidence types appear most in prong 2 findings that were met?CHARTHow often is prong 3 reached, and how often is it met?CHARTWhat are the top reasons prong 3 fails?CHARTHow does the AAO weigh the impracticality of labor certification for self-employed petitioners?CHART + EXAMPLESWhen does urgency outweigh the labor certification process?EXAMPLESHow are claims treated that the petitioner benefits the U.S. even if qualified U.S. workers are available?EXAMPLESHow are job-creation claims weighed under prong 3?CHART + EXAMPLESHow does the AAO weigh the totality of factors and use discretion under prong 3?EXAMPLESWhen does the AAO remand because the Director did not address a prong?CHARTHow are physicians' NIW petitions treated, including the shortage-area provisions?POLICY + EXAMPLESDoes the AAO consider salary or labor market data under prong 3?EXAMPLESWhich evidence types are submitted most, and which are accepted or rejected most?CHARTHow are expert opinion letters weighed?CHART + EXAMPLESWhat makes a letter "conclusory" or "generic" in the AAO's view?EXAMPLESHow are media articles and press coverage treated?CHART + EXAMPLESHow are industry and market reports treated?CHART + EXAMPLESHow are letters of intent, contracts and customer commitments treated?CHART + EXAMPLESHow are awards and recognition treated in NIW cases?CHART + EXAMPLESHow are peer review and judging evidence used?CHART + EXAMPLESWhen is evidence that others adopted or used the petitioner's work accepted?CHART + EXAMPLESHow does the AAO treat translations and authenticity problems?EXAMPLESHow often is each prong finding overturned on appeal, and in which direction?CHARTWhat are the most common reasons for a remand?CHARTHow often do motions to reopen or reconsider succeed?CHARTWhat new evidence did the AAO accept on a motion to reopen?EXAMPLESHow does the AAO treat evidence submitted for the first time on appeal?CHART + EXAMPLESHow often does the AAO raise issues the Director did not, or withdraw a Director finding?CHARTWhich arguments on appeal succeeded for national importance?EXAMPLESWhich service centers' denials are most often overturned?CHARTHow are procedural errors treated, such as failing to consider evidence or an unexplained denial?CHART + EXAMPLESWhy are appeals rejected (late filing, improper filer), and how often?CHARTHow has the number of NIW appeals changed since 2021?CHARTHow have the deficiency reasons for each prong shifted over time?CHARTDid outcomes change after the January 2022 Policy Manual update?CHARTWhich fields and occupations are growing fastest in NIW appeals?CHARTHow has the share of self-employed and entrepreneur petitioners changed?CHARTHow do decisions on Texas and Nebraska Service Center denials compare?CHARTHow has the share of single-prong decisions changed over time?CHARTWhich new decisions this month involve my field or the prong I am working on?CHART
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General research from published AAO decisions, not legal advice. AAO decisions are appeals of denied petitions, not approval rates. GreenCaard is not affiliated with USCIS or any government agency.