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Why NIW petitions fail

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

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
693
Engineering
Sustained
31
5.1% of decided appeals
Remanded
64
10.5% sent back to USCIS
Dismissed
512
84.3%: 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. 12 with unclear wording on a prong are left out of it.

  • Step 0
    51
    7%
  • Prong 1
    381
    55%
  • Prong 2
    105
    15%
  • Prong 3
    25
    4%
  • NYSDOT (old test)
    16
    2%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 353 decisions don't say which part specifically.

  • Step 0
    80
    12%
  • Prong 1
    224
    32%
  • Prong 2
    103
    15%
  • Prong 3
    136
    20%

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
    20%
    14%
  • Publications
    31%
    29%
  • Citations
    28%
    29%
  • Patents
    8%
    10%
  • Grants & funding
    4%
    8%
  • Awards
    6%
    20%
  • STEM policy
    17%
    36%
  • Media
    43%
    62%
  • Government interest
    7%
    26%
  • Business plan
    9%
    30%
  • Support letters
    31%
    61%
  • Job creation
    15%
    64%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    5.9%
    101 decisions
  • Professor
    13.8%
    65 decisions
  • Postdoc
    22.0%
    59 decisions
  • Ph.D. student
    8.0%
    25 decisions

Authorities cited most

  • Chawathe
    526
    76%
  • Dhanasar
    524
    76%
  • Christo's
    427
    62%
  • L-A-C-
    279
    40%
  • USCIS Policy Manual
    250
    36%
  • Caron
    83
    12%
  • Katigbak
    78
    11%
  • NYSDOT
    76
    11%
  • Ho
    56
    8%
  • Izummi
    56
    8%
  • E-M-
    50
    7%
  • Coelho
    42
    6%

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.