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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
88
Physical sciences & math
Sustained
8
11.4% of decided appeals
Remanded
10
14.3% sent back to USCIS
Dismissed
52
74.3%: 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. 1 with unclear wording on a prong are left out of it.

  • Step 0
    5
    6%
  • Prong 1
    22
    25%
  • Prong 2
    15
    17%
  • Prong 3
    2
    2%
  • NYSDOT (old test)
    14
    16%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 53 decisions don't say which part specifically.

  • Step 0
    9
    10%
  • Prong 1
    15
    17%
  • Prong 2
    11
    13%
  • Prong 3
    13
    15%

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
    33%
    17%
  • Grants & funding
    33%
    19%
  • Citations
    72%
    65%
  • STEM policy
    44%
    40%
  • Publications
    56%
    52%
  • Patents
    6%
    8%
  • Government interest
    28%
    31%
  • Business plan
    0%
    12%
  • Job creation
    22%
    35%
  • Support letters
    50%
    69%
  • Media
    28%
    52%
  • Awards
    11%
    38%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Professor
    21.1%
    19 decisions
  • Postdoc
    33.3%
    15 decisions
  • Ph.D. student
    0.0%
    3 decisions
  • Entrepreneur
    50.0%
    2 decisions

Authorities cited most

  • Chawathe
    50
    57%
  • Dhanasar
    46
    52%
  • Christo's
    36
    41%
  • USCIS Policy Manual
    27
    31%
  • L-A-C-
    18
    20%
  • Otiende
    14
    16%
  • Caron
    13
    15%
  • Katigbak
    13
    15%
  • NYSDOT
    13
    15%
  • Ramirez-Sanchez
    8
    9%
  • V-K-
    8
    9%
  • Obaigbena
    8
    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.