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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
57
Trades & services
Sustained
1
2.1% of decided appeals
Remanded
6
12.5% sent back to USCIS
Dismissed
41
85.4%: 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
    16
    28%
  • Prong 1
    30
    53%
  • Prong 2
    3
    5%
  • Prong 3
    3
    5%

What the Director's denial rested on

From the denial being appealed, as the decision reports it. 20 decisions don't say which part specifically.

  • Step 0
    21
    37%
  • Prong 1
    17
    30%
  • Prong 2
    6
    11%
  • Prong 3
    8
    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.

  • Citations
    29%
    12%
  • Publications
    14%
    7%
  • Awards
    29%
    27%
  • Business plan
    43%
    46%
  • Peer review
    0%
    5%
  • STEM policy
    0%
    12%
  • Job creation
    43%
    68%
  • Support letters
    29%
    59%
  • Government interest
    0%
    34%
  • Media
    29%
    66%

Outcomes by field

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

Career stage mentioned

Sustained + remanded share

  • Entrepreneur
    22.2%
    9 decisions
  • Professor
    0.0%
    3 decisions
  • Postdoc
    0.0%
    1 decisions

Authorities cited most

  • Chawathe
    47
    82%
  • Dhanasar
    42
    74%
  • Christo's
    40
    70%
  • USCIS Policy Manual
    25
    44%
  • L-A-C-
    22
    39%
  • Ho
    7
    12%
  • Caron
    6
    11%
  • Katigbak
    4
    7%
  • Coelho
    3
    5%
  • Kazarian
    3
    5%
  • Healy
    3
    5%
  • Estime
    3
    5%

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.