USCIS denied 15,863 NIW petitions in fiscal year 2025, up from 11,256 in fiscal year 2024, and the number of pending NIW petitions grew from 44,093 to 74,392 in the same period (USCIS, Sep 2026). By the end of the third quarter of FY2026, 96,297 NIW petitions were pending.
If you receive a denial, the clock starts at once. This page shows the counts and the choices you have.
What do the denial and backlog counts show?
| Period | Denied | Pending at period end |
|---|---|---|
| FY2024 | 11,256 | 44,093 |
| FY2025 | 15,863 | 74,392 |
| FY2026, Q1 to Q3 | 9,585 | 96,297 |
Source: USCIS Form I-140 by Fiscal Year, Quarter and Case Status. USCIS notes that pending counts cannot be rebuilt from earlier periods, so treat them as estimates.
What are your options after a denial?
- File a motion or appeal: you generally must file Form I-290B within 30 calendar days of the decision, or 33 days if USCIS mailed it (USCIS).
- Refile: you can file a new petition with stronger evidence, if the gaps are fixable.
- Change route: if the NIW is not the right fit, compare other routes.
Speak to your attorney quickly, because the deadline is short and the choice depends on the reasons in the decision.
How do you decide?
Step 1: Read the denial and list each reason USCIS gave.
Step 2: Match each reason to a prong. See the common denial gaps.
Step 3: Decide whether the gap is a legal error, which suits a motion or appeal, or a missing proof, which suits a new filing.
Step 4: Compare other routes with the U.S. route finder and EB-1A vs EB-2 NIW.
Where do the approval numbers sit?
Read the year and quarter tables in our main approval rate post, and learn why the rate fell.
Frequently asked questions
How many NIW petitions were denied?
USCIS denied 11,256 in FY2024, 15,863 in FY2025 and 9,585 in the first three quarters of FY2026 (USCIS, Sep 2026).
How long do I have to challenge a denial?
You generally must file Form I-290B within 30 calendar days of the decision, or 33 days if it was mailed (USCIS).
Can I refile after a denial?
You may be able to file a new petition with stronger evidence. Speak to your attorney about which option fits.
How big is the NIW backlog?
USCIS reported 96,297 pending NIW petitions at the end of the third quarter of FY2026 (USCIS, Sep 2026).
Does a denial affect other routes?
A denial does not block a different route, but each route is judged separately. Compare your options before you refile.
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.
