The NIW approval rate fell from 71.0 percent of decisions in fiscal year 2024 to 55.2 percent in fiscal year 2025, and it was 49.1 percent for the first three quarters of fiscal year 2026. Those figures come from USCIS counts of approved and denied I-140 NIW petitions (USCIS, data published 8 Sep 2026).
Rates move every quarter, and they describe the group, not your file. Use them to set expectations, then build the strongest case you can.
What does the USCIS data show by year?
| Period | Received | Approved | Denied | Approved share of decisions |
|---|---|---|---|---|
| FY2024 | 63,549 | 27,526 | 11,256 | 71.0% |
| FY2025 | 66,276 | 19,532 | 15,863 | 55.2% |
| FY2026, Q1 to Q3 | 40,363 | 9,238 | 9,585 | 49.1% |
Source: USCIS Form I-140 by Fiscal Year, Quarter and Case Status. The approved share is our calculation.
How did the rate move by quarter?
| Quarter | Approved | Denied | Approved share |
|---|---|---|---|
| FY2025 Q1 | 4,683 | 2,790 | 62.7% |
| FY2025 Q2 | 6,591 | 3,206 | 67.3% |
| FY2025 Q3 | 5,290 | 4,511 | 54.0% |
| FY2025 Q4 | 2,968 | 5,356 | 35.7% |
| FY2026 Q1 | 2,365 | 3,200 | 42.5% |
| FY2026 Q2 | 3,038 | 3,282 | 48.1% |
| FY2026 Q3 | 3,835 | 3,103 | 55.3% |
The fourth quarter of fiscal year 2025 was the low point, with more denials than approvals. The rate then recovered through the first three quarters of fiscal year 2026.
How do we calculate the approved share?
Method: USCIS does not publish an NIW approval rate. We divide approvals by approvals plus denials in the same period, using USCIS counts for Form I-140 National Interest Waiver petitions (USCIS Form I-140 by Fiscal Year, Quarter and Case Status, data queried July 2026, published 8 Sep 2026). Decisions in a period can relate to petitions filed earlier, and the counts include every petition filed.
What does USCIS not publish?
USCIS does not publish NIW approval rates by field, occupation, degree or country in this data set. Any claim that one field has a fixed approval percentage has no official source behind it. Treat such numbers with caution, and ask where they came from.
What should you do with these numbers?
Step 1: Read them as a sign that USCIS looks closely at each file.
Step 2: Build one specific endeavor. See how to write a proposed endeavor.
Step 3: Prove each prong with documents. Read prong 1 and prong 2.
Step 4: Check your file against the common denial gaps.
For more on the drop, read why the approval rate fell and NIW denials and the backlog. The plain guide to the NIW covers the whole process.
Frequently asked questions
What is the EB-2 NIW approval rate?
It was 71.0 percent of decisions in FY2024, 55.2 percent in FY2025 and 49.1 percent for the first three quarters of FY2026, based on USCIS counts (USCIS, Sep 2026).
Does USCIS publish an official NIW approval rate?
No. The rate is calculated from USCIS counts of approved and denied petitions.
Is the approval rate higher for STEM or healthcare?
USCIS does not publish approval rates by field in this data, so any field-specific percentage has no official source here.
Does the rate predict my result?
No. It describes all petitions together, and your own evidence decides your file.
How often do these numbers change?
USCIS updates the data each quarter, so check the latest release before you plan.
Where to go from here
To talk through your own case, Book a Strategy Consultation, or start with the U.S. route finder.
Last updated: 15 October 2026.
Amir Ismail leads Amir Ismail & Associates, which has guided clients since 1991 and works with independent U.S. immigration attorneys. AIA is not a law firm. Legal advice and filings are handled by the attorney.
