EB-2 NIW · Approval statistics
EB-2 National Interest Waiver
Official USCIS statistics
OfficialDecision 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%)
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.
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| Period | Received | Approved | Denied | Decision approval rate |
|---|---|---|---|---|
| FY2025 | 66,276 | 19,532 | 15,863 | 55.2% |
| FY2024 | 63,549 | 27,526 | 11,256 | 71.0% |
| FY2023 | 39,803 | 31,889 | 8,172 | 79.6% |
| FY2022 | 21,973 | 10,316 | 468 | 95.7% |
| FY2021 | — | 9,689 | — | — |
| FY2020 | — | 8,927 | — | — |
| FY2019 | — | 6,566 | — | — |
| FY2018 | — | 7,963 | — | — |
| FY2017 | — | 5,349 | — | — |
Source: Form I-140 Approvals by Preference and Country (Fiscal Year 2022, Quarters 1 and 2) · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 4th Quarter, Jul. 1 - Sep. 30, 2022) · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2023, Quarter 4) · Retrieved Sep 27, 2026
Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2024, Quarter 4) · Retrieved Sep 27, 2026
Recent AAO decisions
OfficialAAO 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.
- Aug 31, 2026Appeal dismissed
- Aug 31, 2026Appeal dismissed
- Aug 28, 2026Appeal dismissed
- Aug 28, 2026Appeal dismissed
- Aug 26, 2026Appeal dismissed
- Aug 26, 2026Appeal dismissed
- Aug 24, 2026Appeal dismissed
- Aug 24, 2026Appeal dismissed
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
- Advanced degree and experience in the specialtyWhether you hold an advanced degree or its equivalent, and whether the intended occupation is a profession.
- Exceptional abilityWhether you meet three of six criteria and show expertise significantly above the ordinary in an area tied to your endeavor.
- Substantial merit and national importanceWhether your specific endeavor has substantial merit and national importance (Dhanasar prong one).
- Well positioned to advance the endeavorWhether you are well positioned to advance your endeavor (Dhanasar prong two).
- On balance, the waiver benefits the United StatesWhether the factors for waiving the job offer and labor certification outweigh the reasons for requiring them (Dhanasar prong three).
Specific evidence
- Defining the proposed endeavorWhether the petition clearly describes a specific endeavor, not just an occupation.
- Evidence of progress and outside interestWhether there is evidence of steps taken toward the endeavor and of interest from customers, users, investors, or others.
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.USCIS Policy Manual, Volume 6, Part F, Chapter 5 — Advanced Degree or Exceptional AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 2.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026