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Why NIW petitions fail

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

NIW merits appeals, post-DhanasarAll NIW decisions, post-DhanasarAll EB-2 decisions (2012–2026)

Everything in the dataset, both eras.

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
443
Education
Sustained
23
6.3% of decided appeals
Remanded
32
8.7% sent back to USCIS
Dismissed
313
85.1%: 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. 13 with unclear wording on a prong are left out of it.

  • Step 0
    61
    14%
  • Prong 1
    136
    31%
  • Prong 2
    37
    8%
  • Prong 3
    12
    3%
  • NYSDOT (old test)
    74
    17%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 292 decisions don't say which part specifically.

  • Step 0
    66
    15%
  • Prong 1
    66
    15%
  • Prong 2
    39
    9%
  • Prong 3
    52
    12%

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.

  • Patents
    2%
    2%
  • Grants & funding
    2%
    6%
  • Business plan
    9%
    16%
  • Publications
    15%
    25%
  • Peer review
    7%
    19%
  • Government interest
    5%
    18%
  • STEM policy
    7%
    22%
  • Citations
    20%
    37%
  • Job creation
    11%
    30%
  • Media
    24%
    52%
  • Support letters
    16%
    45%
  • Awards
    2%
    38%

Outcomes by field

Sustained + remanded share, all fields (All EB-2 decisions (2012–2026))

Career stage mentioned

Sustained + remanded share

  • Professor
    20.8%
    53 decisions
  • Entrepreneur
    2.9%
    35 decisions
  • Postdoc
    10.0%
    10 decisions
  • Ph.D. student
    0.0%
    7 decisions

Authorities cited most

  • Chawathe
    212
    48%
  • Dhanasar
    203
    46%
  • Christo's
    156
    35%
  • L-A-C-
    110
    25%
  • Katigbak
    100
    23%
  • Caron
    95
    21%
  • Otiende
    89
    20%
  • Wing's Tea House
    80
    18%
  • USCIS Policy Manual
    77
    17%
  • Treasure Craft
    55
    12%
  • Soriano
    51
    12%
  • NYSDOT
    50
    11%

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.