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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
45
Public service & social
Sustained
1
2.9% of decided appeals
Remanded
4
11.8% sent back to USCIS
Dismissed
29
85.3%: 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.

  • Step 0
    8
    18%
  • Prong 1
    23
    51%
  • Prong 2
    4
    9%
  • Prong 3
    1
    2%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 18 decisions don't say which part specifically.

  • Step 0
    11
    24%
  • Prong 1
    13
    29%
  • Prong 2
    7
    16%
  • Prong 3
    11
    24%

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.

  • Government interest
    60%
    28%
  • Citations
    40%
    10%
  • STEM policy
    40%
    14%
  • Publications
    40%
    24%
  • Business plan
    40%
    31%
  • Grants & funding
    0%
    3%
  • Peer review
    0%
    7%
  • Support letters
    40%
    52%
  • Media
    40%
    59%
  • Awards
    0%
    28%
  • Job creation
    0%
    59%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    28.6%
    7 decisions
  • Postdoc
    0.0%
    2 decisions
  • Professor
    0.0%
    2 decisions

Authorities cited most

  • Chawathe
    37
    82%
  • Dhanasar
    36
    80%
  • Christo's
    26
    58%
  • L-A-C-
    19
    42%
  • USCIS Policy Manual
    16
    36%
  • Caron
    7
    16%
  • Coelho
    5
    11%
  • Ho
    5
    11%
  • NYSDOT
    5
    11%
  • Kazarian
    4
    9%
  • O-S-G-
    3
    7%
  • Martinez
    2
    4%

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.