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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
68
Other / unclear
Sustained
0
0.0% of decided appeals
Remanded
18
26.5% sent back to USCIS
Dismissed
50
73.5%: 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.

  • Step 0
    22
    32%
  • Prong 1
    8
    12%

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
    20
    29%
  • Prong 1
    9
    13%
  • Prong 2
    6
    9%
  • Prong 3
    3
    4%

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.

  • Media
    50%
    12%
  • Citations
    17%
    10%
  • Peer review
    6%
    0%
  • Publications
    11%
    8%
  • Job creation
    11%
    10%
  • STEM policy
    0%
    2%
  • Support letters
    17%
    20%
  • Business plan
    0%
    6%
  • Government interest
    6%
    22%
  • Awards
    6%
    26%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    0.0%
    5 decisions
  • Professor
    0.0%
    2 decisions
  • Ph.D. student
    100.0%
    1 decisions

Authorities cited most

  • Christo's
    49
    72%
  • Chawathe
    48
    71%
  • Dhanasar
    45
    66%
  • USCIS Policy Manual
    36
    53%
  • L-A-C-
    23
    34%
  • NYSDOT
    9
    13%
  • R-A-M-
    9
    13%
  • M-P-
    8
    12%
  • Valdez
    8
    12%
  • Kazarian
    7
    10%
  • Burbano
    6
    9%
  • Ho
    6
    9%

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.