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Why NIW petitions fail

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

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
523
Engineering
Sustained
13
2.5% of decided appeals
Remanded
54
10.3% sent back to USCIS
Dismissed
456
87.2%: 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. 10 with unclear wording on a prong are left out of it.

  • Step 0
    38
    7%
  • Prong 1
    348
    67%
  • Prong 2
    98
    19%
  • Prong 3
    23
    4%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 222 decisions don't say which part specifically.

  • Step 0
    49
    9%
  • Prong 1
    217
    41%
  • Prong 2
    101
    19%
  • Prong 3
    135
    26%

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
    22%
    15%
  • Publications
    33%
    30%
  • Citations
    31%
    29%
  • Patents
    10%
    10%
  • Grants & funding
    6%
    9%
  • Awards
    7%
    19%
  • Media
    54%
    66%
  • Government interest
    10%
    28%
  • STEM policy
    21%
    39%
  • Business plan
    13%
    33%
  • Support letters
    42%
    68%
  • Job creation
    21%
    70%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    6.7%
    89 decisions
  • Professor
    7.4%
    54 decisions
  • Postdoc
    21.6%
    51 decisions
  • Ph.D. student
    9.5%
    21 decisions

Authorities cited most

  • Dhanasar
    466
    89%
  • Chawathe
    442
    85%
  • Christo's
    415
    79%
  • L-A-C-
    260
    50%
  • USCIS Policy Manual
    232
    44%
  • Caron
    69
    13%
  • NYSDOT
    66
    13%
  • Katigbak
    47
    9%
  • E-M-
    46
    9%
  • Izummi
    41
    8%
  • Ho
    38
    7%
  • M-P-
    32
    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.