What is the EB-2 NIW approval rate in 2026?
Data updated: July 9, 2026· Source: official USCIS I-140 data
The EB-2 NIW approval rate was 42.6% in Q1 FY2026 (Oct-Dec 2025), the most recent quarter published by USCIS. That is down from 95.7% in FY2022 and 55.2% across FY2025, with the lowest quarter so far at 35.7% (Q4 FY2025). Roughly 57.4% of adjudicated NIW petitions were denied in the latest quarter.
NIW approval rate by period (official USCIS I-140 data)
| Period | Approval rate | Denial rate |
|---|---|---|
| FY2022 (full fiscal year) | 95.7% | 4.3% |
| FY2025 (full fiscal year) | 55.2% | 44.8% |
| Q4 FY2025 (Jul-Sep 2025) | 35.7% | 64.3% |
| Q1 FY2026 (Oct-Dec 2025) | 42.6% | 57.4% |
Quarters between the published points are omitted rather than estimated; this page shows only figures from official USCIS releases.
What the trend means for applicants
Three factual observations, without advice. First, the bar is currently high for every NIW applicant, not only for weak profiles: the same legal framework (the three-prong national-interest test) is being applied more strictly, and Requests for Evidence are increasingly common. Second, the aggregate rate blends strong and weak filings, so an individual petition's outcome depends on its evidence, not on the average. Third, the categories are adjudicated independently: a record that is thin for NIW today can still be built up, and the reasons petitions fail are usually documentable gaps (undefined endeavor, impact that never left one employer, missing independent recognition) rather than unfixable facts.
If you want to see how your own record maps to the criteria before deciding anything, run the free eligibility assessment (category scores, strengths, gaps; no credit card). Category guides: EB-2 NIW self-petition and EB-1A preparation. To see the level of drafting these numbers demand, see a sample petition brief; package costs are on the pricing page.
Sources
- USCIS, Immigration and Citizenship Data (Form I-140 quarterly reports): uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data
Frequently asked questions
What is the EB-2 NIW denial rate right now?
The denial rate is the mirror of the approval rate: with approvals at 42.6% in Q1 FY2026 (Oct-Dec 2025), roughly 57.4% of adjudicated NIW I-140 petitions were denied in that quarter, per official USCIS data.
Why did NIW approval rates fall so much?
USCIS has applied the Dhanasar framework more strictly and issues Requests for Evidence more often, particularly on the national-importance and well-positioned prongs. Filing volume also grew sharply, which raised the share of weakly documented petitions in the pool. USCIS does not publish a single official explanation; the numbers above are the official outcomes.
Does a falling approval rate mean I should not file?
Not by itself. The aggregate rate mixes strong and weak filings. What the trend does mean is that under-documented petitions carry more risk than they did in FY2022, and that the quality of evidence and the framing of the proposed endeavor matter more. This page is information, not advice on whether to file.
Where do these numbers come from?
From the official USCIS Immigration and Citizenship Data releases for Form I-140 (EB-2 National Interest Waiver classification), published quarterly at uscis.gov. This page shows the figures as published; we update it when new quarters are released.
CaseBuilder is document preparation software, not a law firm. This page is general information compiled from official USCIS data, not legal advice, and no attorney-client relationship is created. USCIS decides every petition independently.