2026-34
Most denials stop at the first prong that fails
Among the appealed NIW denials that reach the merits, 86.5% discuss exactly one of the three Dhanasar prongs and stop there. The decision does not go on to find that the other two prongs were satisfied. Where the AAO cites INS v. Bagamasbad — its own authority for not reaching unnecessary issues — that rises to 90.9%. Where it does not, 71.8%. A gap of 19.1 percentage points.
## What the record shows
Among the appealed NIW denials that reach the merits, 86.5% discuss exactly
one of the three Dhanasar prongs and stop there (2,663 of 3,079). The decision
does not go on to find that the other two prongs were satisfied. It simply does
not reach them.
The record is explicit about why. Where a decision cites *INS v. Bagamasbad*,
the authority for not reaching unnecessary issues, it stops at a single prong
90.9% of the time (n=2,371). Where it does not cite that rule, the figure is
71.8% (n=708), a gap of 19.1 percentage points. The full figures and their
query are registered as [S54](/methodology).
## Why this is worth a week's attention
The natural way to read a denial is to look for the reason it failed and treat
the rest of the case as fine. This pattern describes why that reading can
mislead. A decision that discusses one prong is not a finding that the other
two were met. It is a decision that found one dispositive problem and, by its
own citation, declined to go further.
The practical reading is about where to put attention. If your denial discusses
one prong, treat the other two as unbriefed, not as won. Count how many prongs
the decision actually reaches before drawing conclusions about the ones it
does not mention.
## What it does not say
It does not predict any outcome, say that a denial on one prong means the
others were weak, or characterize any individual case. These are appealed
decisions, which are their own population and not a sample of filings. It is a
statement about how these decisions are written, not about how any petition
will be judged.
Receipt: S54 Methodology