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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)

Every NIW decision under the current test, including motions and rejections.

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
78
Law & policy
Sustained
0
0.0% of decided appeals
Remanded
7
11.5% sent back to USCIS
Dismissed
54
88.5%: 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. 3 with unclear wording on a prong are left out of it.

  • Step 0
    5
    6%
  • Prong 1
    48
    62%
  • Prong 2
    5
    6%
  • Prong 3
    4
    5%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 40 decisions don't say which part specifically.

  • Step 0
    10
    13%
  • Prong 1
    26
    33%
  • Prong 2
    5
    6%
  • Prong 3
    11
    14%

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.

  • Business plan
    43%
    41%
  • Awards
    14%
    15%
  • Peer review
    0%
    2%
  • Citations
    14%
    17%
  • STEM policy
    0%
    4%
  • Patents
    0%
    6%
  • Publications
    14%
    24%
  • Government interest
    14%
    26%
  • Media
    43%
    76%
  • Support letters
    14%
    65%
  • Job creation
    29%
    83%

Outcomes by field

Sustained + remanded share, all fields (All NIW decisions, post-Dhanasar)

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    0.0%
    16 decisions
  • Professor
    0.0%
    3 decisions

Authorities cited most

  • Chawathe
    69
    88%
  • Dhanasar
    68
    87%
  • Christo's
    55
    71%
  • L-A-C-
    33
    42%
  • USCIS Policy Manual
    18
    23%
  • Caron
    13
    17%
  • Coelho
    11
    14%
  • Ho
    8
    10%
  • Lozada
    6
    8%
  • M-P-
    6
    8%
  • O-R-E-
    6
    8%
  • D-R-
    6
    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.