NIW appeals in energy, the environment and agriculture

88 of 3,701 NIW appeals decided under Matter of Dhanasar involved petitioners working in energy, the environment and agriculture. Here is where they struggled and the objections the appeals office raised most often.

Every appeal here was a petition USCIS had already denied, so these numbers show where denied petitions struggled, not anyone's chance of approval. Tags are matched automatically from the decision text.

Appeals

decided on the merits

Sustained

3.4%: the petitioner won

Remanded

13.6%: sent back to USCIS

Dismissed

83.0%: the denial stood

Objections raised most often

Share of these 88 appeals. Open one for what it means and what has answered it.

Job creation or economic claims unsupported
50%
44 appeals
No broader implications shown
47%
41 appeals
Proposed endeavor too vague
31%
27 appeals
Did not show the waiver outweighs labor certification
26%
23 appeals
Past record does not show influence or success
24%
21 appeals
No interest from users, customers or investors
23%
20 appeals
Inconsistencies in the record
19%
17 appeals
Support letters generic or unsupported
18%
16 appeals

Which part of the test was not met

An appeal can fail more than one; many stop at the first

EB-2 eligibility
7%
6 appeals
Prong 1: merit and national importance
61%
54 appeals
Prong 2: well positioned
22%
19 appeals
Prong 3: balance of the waiver
7%
6 appeals

Appeals per year

Occupations in these appeals

As the decisions describe them

Recent appeals

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By field: other pages

General patterns from past decisions, not legal advice. A licensed immigration attorney can tell you how the law applies to your case.