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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
197
Education
Sustained
6
3.0% of decided appeals
Remanded
19
9.6% sent back to USCIS
Dismissed
172
87.3%: 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. 7 with unclear wording on a prong are left out of it.

  • Step 0
    37
    19%
  • Prong 1
    119
    60%
  • Prong 2
    33
    17%
  • Prong 3
    9
    5%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 84 decisions don't say which part specifically.

  • Step 0
    37
    19%
  • Prong 1
    58
    29%
  • Prong 2
    37
    19%
  • Prong 3
    49
    25%

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.

  • Citations
    32%
    26%
  • Publications
    24%
    25%
  • Peer review
    12%
    13%
  • Grants & funding
    4%
    6%
  • STEM policy
    16%
    19%
  • Business plan
    20%
    28%
  • Awards
    4%
    23%
  • Government interest
    8%
    28%
  • Media
    40%
    63%
  • Support letters
    36%
    63%
  • Job creation
    24%
    54%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Professor
    21.6%
    37 decisions
  • Entrepreneur
    3.4%
    29 decisions
  • Postdoc
    10.0%
    10 decisions
  • Ph.D. student
    0.0%
    3 decisions

Authorities cited most

  • Dhanasar
    171
    87%
  • Chawathe
    161
    82%
  • Christo's
    146
    74%
  • L-A-C-
    102
    52%
  • USCIS Policy Manual
    73
    37%
  • Katigbak
    29
    15%
  • NYSDOT
    28
    14%
  • Caron
    22
    11%
  • Ho
    20
    10%
  • E-M-
    19
    10%
  • Sea
    15
    8%
  • Izummi
    13
    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.