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EB-2 NIW · Approval statistics

EB-2 National Interest Waiver

Official USCIS statistics

Official

Decision approval rate · FY2026 Q3

55.3%

Approved 3,835 · Denied 3,103

▲ 1.3 pts vs. same period a year earlier (FY2025 Q3: 54.0%)

EB-2 NIW · Decision approval rate
0%25%50%75%100%2022 Q42023 Q32024 Q22025 Q12025 Q42026 Q355.3%
EB-2 NIW · Approved / Denied
ApprovedDenied
010k20k2022 Q42023 Q32024 Q22025 Q12025 Q42026 Q3

Approved ÷ (approved + denied) in the same period. Pending cases are not counted. Decisions in a quarter can come from petitions filed earlier, so this is the share of decisions that were approvals — not the chance that a petition filed today will be approved.

Official

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 4th Quarter, Jul. 1 - Sep. 30, 2022) · Published Dec 16, 2022 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2023, Quarter 4) · Published Jan 11, 2024 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2024, Quarter 4) · Published Dec 16, 2024 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2025, Quarter 4) · Published Mar 24, 2026 · Retrieved Sep 27, 2026

EB-2 NIW by fiscal year (official)

Official
PeriodReceivedApprovedDeniedDecision approval rate
FY202566,27619,53215,86355.2%
FY202463,54927,52611,25671.0%
FY202339,80331,8898,17279.6%
FY202221,97310,31646895.7%
FY2021—9,689——
FY2020—8,927——
FY2019—6,566——
FY2018—7,963——
FY2017—5,349——

Recent AAO decisions

Official

AAO decisions only include cases that were denied and then appealed. They show why some petitions fail — they are not an approval rate.

What the AAO did (this sample of 145, May 15, 2026 – Aug 31, 2026): Appeal dismissed 94% · Appeal sustained 0% · Remanded 6%“Remanded” means sent back to the service center for a new decision — not an approval.

Official

Source: USCIS AAO non-precedent decisions · Retrieved Sep 27, 2026

Common RFE reasons

USCIS does not publish statistics on RFE reasons. These topics follow the issues an officer has to resolve under the regulation, Matter of Dhanasar, and the Policy Manual.

Interpretation NIW RFEs generally follow the order of review: EB-2 eligibility (the degree, experience in the specialty, or exceptional ability), then the Dhanasar prongs, such as how specific and nationally important the endeavor is, whether you are well positioned to advance it, and why a waiver benefits the United States.[1,2]

An RFE has to identify the requirement that is not yet established, explain why the evidence falls short, and give examples of other evidence that could help.[2]

Because USCIS checks EB-2 eligibility first, it may request evidence, issue a NOID, or deny on EB-2 grounds without reaching the waiver questions.[1]

Eligibility criteria

Specific evidence

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

  1. 1.USCIS Policy Manual, Volume 6, Part F, Chapter 5 — Advanced Degree or Exceptional AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  2. 2.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026