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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)

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
88
Energy, environment & agriculture
Sustained
3
3.4% of decided appeals
Remanded
12
13.6% sent back to USCIS
Dismissed
73
83.0%: 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. 1 with unclear wording on a prong are left out of it.

  • Step 0
    6
    7%
  • Prong 1
    54
    61%
  • Prong 2
    19
    22%
  • Prong 3
    6
    7%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 37 decisions don't say which part specifically.

  • Step 0
    10
    11%
  • Prong 1
    28
    32%
  • Prong 2
    20
    23%
  • Prong 3
    24
    27%

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.

  • STEM policy
    20%
    15%
  • Peer review
    20%
    18%
  • Citations
    27%
    25%
  • Grants & funding
    7%
    8%
  • Patents
    0%
    4%
  • Business plan
    27%
    32%
  • Publications
    27%
    37%
  • Awards
    0%
    15%
  • Government interest
    13%
    34%
  • Support letters
    47%
    77%
  • Media
    33%
    67%
  • Job creation
    20%
    71%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Professor
    15.8%
    19 decisions
  • Entrepreneur
    18.2%
    11 decisions
  • Postdoc
    0.0%
    5 decisions
  • Ph.D. student
    0.0%
    2 decisions

Authorities cited most

  • Dhanasar
    81
    92%
  • Chawathe
    77
    88%
  • Christo's
    75
    85%
  • L-A-C-
    46
    52%
  • USCIS Policy Manual
    34
    39%
  • NYSDOT
    11
    13%
  • Ho
    10
    11%
  • Katigbak
    9
    10%
  • Caron
    7
    8%
  • M-P-
    6
    7%
  • E-M-
    5
    6%
  • Burbano
    4
    5%

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.