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Why NIW petitions fail

Updated with decisions published up to 2026-08-21. Numbers change as new decisions are added.

Appeals decided on the merits (sustained, remanded or dismissed) under the current three-prong test, from Dec 27, 2016.

Read these as patterns in denied cases, not approval odds. Every appeal here was first denied by USCIS; approved petitions never reach the appeals office. Tags are automated from decision text.

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Key findings

Decisions
1,458
Business & finance
Sustained
5
0.3% of decided appeals
Remanded
88
6.0% sent back to USCIS
Dismissed
1,365
93.6%: the denial stood

Decisions per year

Sustained and remanded, % of decisions

Years with 5+ decisions

Which prong the AAO found not met

From the appeals office's own findings; a decision can fail more than one, and many stop at the first. 28 with unclear wording on a prong are left out of it.

  • Step 0
    225
    15%
  • Prong 1
    1,118
    77%
  • Prong 2
    81
    6%
  • Prong 3
    29
    2%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 535 decisions don't say which part specifically.

  • Step 0
    286
    20%
  • Prong 1
    619
    42%
  • Prong 2
    215
    15%
  • Prong 3
    304
    21%

Most common objections

Share of decisions in scope where the objection was found. Click one for examples.

Evidence discussed: wins vs losses

% of sustained+remanded vs % of dismissed decisions that discuss each kind of evidence. Discussion is not proof it helped.

  • Peer review
    5%
    1%
  • Grants & funding
    3%
    1%
  • Citations
    10%
    8%
  • Publications
    8%
    8%
  • Patents
    0%
    1%
  • Awards
    10%
    13%
  • STEM policy
    5%
    11%
  • Government interest
    11%
    23%
  • Support letters
    40%
    59%
  • Media
    44%
    74%
  • Business plan
    27%
    61%
  • Job creation
    27%
    78%

Outcomes by field

Sustained + remanded share, all fields (NIW merits appeals, post-Dhanasar)

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    3.8%
    756 decisions
  • Professor
    3.6%
    137 decisions
  • Postdoc
    20.0%
    5 decisions
  • Ph.D. student
    50.0%
    2 decisions

Authorities cited most

  • Dhanasar
    1,312
    90%
  • Chawathe
    1,283
    88%
  • Christo's
    1,169
    80%
  • L-A-C-
    972
    67%
  • USCIS Policy Manual
    433
    30%
  • Caron
    197
    14%
  • NYSDOT
    171
    12%
  • Ho
    147
    10%
  • E-M-
    145
    10%
  • Katigbak
    133
    9%
  • Burbano
    103
    7%
  • Izummi
    97
    7%

Countries named in NIW decisions

A name is not a nationality: it can be where the petitioner studied or worked, or part of the argument. Open a country to read the sentences.

Decisions naming the country1–45–1415–3940–99100+

Named most often

112 countries in all. Drag the globe to turn it; select a country to search for it.