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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
777
Computing, AI & data
Sustained
37
5.3% of decided appeals
Remanded
107
15.5% sent back to USCIS
Dismissed
548
79.2%: 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. 7 with unclear wording on a prong are left out of it.

  • Step 0
    81
    10%
  • Prong 1
    315
    41%
  • Prong 2
    64
    8%
  • Prong 3
    21
    3%
  • NYSDOT (old test)
    4
    1%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 475 decisions don't say which part specifically.

  • Step 0
    79
    10%
  • Prong 1
    194
    25%
  • Prong 2
    85
    11%
  • Prong 3
    132
    17%

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
    24%
    25%
  • Grants & funding
    3%
    5%
  • Patents
    2%
    5%
  • Peer review
    10%
    17%
  • Awards
    8%
    20%
  • Government interest
    10%
    24%
  • Publications
    10%
    28%
  • Business plan
    3%
    26%
  • STEM policy
    9%
    33%
  • Support letters
    17%
    47%
  • Media
    20%
    51%
  • Job creation
    3%
    49%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    6.5%
    123 decisions
  • Professor
    15.7%
    70 decisions
  • Postdoc
    15.0%
    20 decisions
  • Ph.D. student
    10.0%
    10 decisions

Authorities cited most

  • Chawathe
    458
    59%
  • Dhanasar
    423
    54%
  • Christo's
    399
    51%
  • USCIS Policy Manual
    233
    30%
  • L-A-C-
    229
    29%
  • Ho
    130
    17%
  • Wing's Tea House
    122
    16%
  • Katigbak
    97
    12%
  • Sonegawa
    89
    11%
  • Caron
    77
    10%
  • Soriano
    63
    8%
  • Great Wall
    60
    8%

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.