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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
408
Clinical & health
Sustained
17
4.2% of decided appeals
Remanded
27
6.6% sent back to USCIS
Dismissed
364
89.2%: 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
    39
    10%
  • Prong 1
    292
    72%
  • Prong 2
    66
    16%
  • Prong 3
    9
    2%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 169 decisions don't say which part specifically.

  • Step 0
    51
    13%
  • Prong 1
    157
    38%
  • Prong 2
    78
    19%
  • Prong 3
    94
    23%

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
    32%
    6%
  • Citations
    41%
    19%
  • Publications
    36%
    24%
  • Grants & funding
    11%
    4%
  • STEM policy
    18%
    12%
  • Patents
    5%
    1%
  • Awards
    9%
    12%
  • Government interest
    14%
    20%
  • Support letters
    45%
    59%
  • Media
    36%
    70%
  • Business plan
    9%
    45%
  • Job creation
    16%
    70%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    5.1%
    98 decisions
  • Professor
    13.6%
    44 decisions
  • Postdoc
    23.5%
    17 decisions
  • Ph.D. student
    0.0%
    3 decisions

Authorities cited most

  • Dhanasar
    346
    85%
  • Chawathe
    324
    79%
  • Christo's
    290
    71%
  • L-A-C-
    242
    59%
  • USCIS Policy Manual
    112
    27%
  • NYSDOT
    72
    18%
  • Caron
    48
    12%
  • Katigbak
    47
    12%
  • Izummi
    47
    12%
  • E-M-
    40
    10%
  • Ho
    37
    9%
  • Burbano
    23
    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.