NIW appeals that failed Prong 3
Worth waiving the job offer
118 of 3,701 NIW appeals decided under Matter of Dhanasar found that the petitioner had not shown that, on balance, waiving the job offer would benefit the United States (Prong 3). Here is where they struggled and the objections the appeals office raised most often.
What this part of the test asks
On balance, the United States benefits from waiving the job offer and labor certification.
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.
Objections raised most often
Share of these 118 appeals. Open one for what it means and what has answered it.
- 69%81 appeals
- 32%38 appeals
- 24%28 appeals
Fields where it came up most
- 2929 appeals
- 2323 appeals
- 2020 appeals
- 99 appeals
- 99 appeals
- 66 appeals
Appeals per year
Occupations in these appeals
As the decisions describe them
Recent appeals
- 2026-08-20DismissedTraining and development specialistEngineeringNot metProng 1Prong 2Prong 3
- 2026-07-30DismissedGraduate student in chemical engineeringEngineeringNot metProng 2Prong 3
- 2026-07-08DismissedResearchComputing, AI & dataNot metProng 2Prong 3
- 2026-07-07DismissedEntomology professorEducationNot metProng 1Prong 2Prong 3
- 2026-07-01DismissedSenior security researcherComputing, AI & dataNot metProng 1Prong 3
- 2026-06-29DismissedProduct security specialistComputing, AI & dataNot metProng 1Prong 3
By prong not met: other pages
General patterns from past decisions, not legal advice. A licensed immigration attorney can tell you how the law applies to your case.