EB-2 NIW Approval Rate 2026: Latest USCIS Data, Trends & Success Factors

The EB-2 National Interest Waiver (NIW) offers eligible professionals a pathway to U.S. permanent residence without the usual job-offer and labor-certification requirements. But an important question remains for researchers, engineers, entrepreneurs, healthcare professionals, and other skilled applicants: What is the EB-2 NIW approval rate in 2026, and what do the latest statistics mean for your petition?

Recent U.S. Citizenship and Immigration Services (USCIS) data shows that NIW approval outcomes have changed considerably over the past several fiscal years. The approval share declined during FY2025 before recovering across the first three quarters of FY2026. Understanding these changes can help applicants interpret the statistics while focusing on the legal requirements and evidence relevant to their own cases.

This guide explains the latest available approval statistics, historical trends, factors that may influence NIW decisions, and practical ways to prepare a well-documented petition.

Important: Approval statistics describe groups of decided petitions. They cannot predict whether USCIS will approve an individual application.

What Is the EB-2 NIW Approval Rate in 2026?

The latest quarterly data identified for this article covers the third quarter of fiscal year 2026, from April through June 2026.

Based on reported approvals and denials, the EB-2 NIW approval share for FY2026 Q3 was approximately 55.3%. USCIS reported 3,835 approvals and 3,103 denials during that period. The calculation excludes pending petitions because they have not yet received an approval or denial.

The underlying figures are available through the USCIS Immigration and Citizenship Data library. USCIS publishes the counts, while the percentage below is calculated from those figures.

Latest EB-2 NIW approval statistics

Source: USCIS Form I-140 quarterly data. Percentages are calculated as approvals divided by approvals plus denials. Figures and calculations should be checked against the latest USCIS release before publication.

The data shows three consecutive quarterly increases after the low recorded in FY2025 Q4. However, a higher quarterly approval share does not mean every NIW case has become easier to approve. USCIS evaluates each petition under the applicable eligibility requirements and the evidence submitted.

How is the EB-2 NIW approval rate calculated?

A commonly used calculation is:

Approval share = Approvals ÷ (Approvals + Denials) × 100

For FY2026 Q3:

3,835 ÷ (3,835 + 3,103) × 100 = approximately 55.3%.

This method considers cases that received decisions during the reporting period. It does not divide approvals by the number of petitions received during that quarter because those figures may involve different groups of cases.

Some petitions decided during a quarter may have been filed months or years earlier. Pending applications are also excluded from the calculation.

When comparing approval rates published by different websites, check the reporting period, petition category, source, and calculation method.

What Are the EB-2 NIW Approval Rate Trends From 2022 to 2026?

The longer-term figures indicate that approval shares declined substantially through FY2025, followed by a partial recovery during FY2026.

Annual figures cover complete fiscal years. FY2026 Q1–Q3 covers only the first three quarters, October 2025 through June 2026, so it should not be treated as a completed annual result.

These figures are calculated from approvals and denials reported for the relevant periods. They do not forecast the final FY2026 outcome. For the underlying reporting files, consult the official USCIS immigration data page.

FY2025 quarterly breakdown

FY2025 showed considerable variation between quarters:

• Q1: Approximately 62.7% approval share.
• Q2: Approximately 67.3%.
• Q3: Approximately 54.0%.
• Q4: Approximately 35.7%.

The decline during the final quarter illustrates why one reporting period should not be treated as a permanent trend. Quarterly figures describe the decisions issued during a particular period, not necessarily the outcome of petitions filed in that same period.

Is the EB-2 NIW approval rate improving in 2026?

The available quarterly data indicates that the approval share increased from approximately 42.5% in FY2026 Q1 to 48.1% in Q2 and 55.3% in Q3.

This is a notable improvement in the reported figures, but it does not establish why the change occurred or whether it will continue. USCIS statistics do not provide a complete explanation of the evidence, qualifications, or circumstances involved in each decision.

Applicants should use the data as general context rather than as a substitute for reviewing their individual eligibility and supporting documentation.

Why Has the EB-2 NIW Approval Rate Changed?

There is no single confirmed explanation for every change in NIW approval statistics. Several factors may influence the overall figures, but it is important to distinguish documented trends from assumptions about USCIS decision-making.

1. Changes in filing volume

The number of NIW petitions received increased substantially between FY2022 and FY2025. As filing volume grows, the mix of applicants and proposed endeavors being adjudicated may also change.

An increase in applications does not automatically cause a lower approval rate. However, changes in filing volume, case profiles, and the number of pending petitions can affect the overall picture.

2. The evidence must meet the applicable legal standard

An applicant may have an advanced degree, years of experience, publications, or a successful career without automatically qualifying for a national interest waiver.

The petition must establish eligibility for the underlying EB-2 classification and address the NIW requirements. A strong professional résumé is useful, but it does not replace evidence explaining the proposed endeavor and why the applicant meets the legal criteria.

3. The proposed endeavor must be clearly defined

Broad statements such as wanting to advance technology, improve healthcare, or support economic growth may not adequately explain what an applicant intends to do in the United States.

A well-developed endeavor statement identifies the work, its objectives, its anticipated impact, and the evidence supporting its significance. It should also connect the proposed work to the applicant’s background and realistic plans.

4. Evidence needs to support the claims

Claims about professional impact are more useful when supported by verifiable documentation. Depending on the field, relevant evidence may include publications, citation records, patents, funding, completed projects, industry adoption, business outcomes, leadership responsibilities, or documented public-health contributions.

The significance of an accomplishment depends on its relevance and context, not simply the number of documents submitted.

5. The three Dhanasar prongs require separate analysis

A petition should address each part of the Matter of Dhanasar framework. Strength in one area does not automatically establish the other requirements.

For example, an applicant may have an impressive academic record but still need to explain the national importance of the proposed endeavor or demonstrate how their experience positions them to advance it.

What Factors Affect EB-2 NIW Approval in 2026?

USCIS evaluates each petition according to the applicable requirements and the evidence in the record. The following areas are important to review when preparing an NIW case.

1. Eligibility for the underlying EB-2 classification

Before USCIS considers the national interest waiver, an applicant must establish eligibility for the underlying EB-2 classification through an advanced degree or exceptional ability, as applicable.

For the advanced-degree route, eligibility generally requires a qualifying U.S. advanced degree or foreign equivalent, or a qualifying bachelor’s degree followed by at least five years of progressive post-baccalaureate experience in the specialty.

Exceptional-ability cases follow a separate evidentiary framework.

Applicants with international qualifications may need documentation explaining the U.S. equivalency of their education. Depending on the case and the relevant requirements, a foreign credential evaluation may help explain academic qualifications.

The appropriate report depends on the applicant’s circumstances and the purpose for which the evaluation will be used.

2. Substantial merit and national importance

The first Dhanasar prong examines the proposed endeavor—not simply whether the applicant works in an important industry.

Artificial intelligence, engineering, healthcare, energy, cybersecurity, education, and scientific research can all involve work with substantial merit. However, the petition must explain why the applicant’s particular endeavor matters and establish its potential broader significance.

Relevant evidence may include research demonstrating a defined problem, technical documentation, a detailed implementation plan, independent analysis, industry evidence, or information about the expected benefits of the work.

3. Being well positioned to advance the endeavor

The second prong focuses on the applicant’s ability to advance the proposed work. Relevant considerations may include education, specialized knowledge, previous achievements, progress already made, a feasible plan, and evidence of interest or support from relevant organizations.

Useful documentation may include:

• Degrees, training, and professional qualifications.
• Research, publications, patents, and citation records.
• Leadership experience and documented project outcomes.
• Funding, contracts, partnerships, or relevant professional opportunities.
• A clear plan explaining the next steps for the proposed endeavor.

The goal is to establish a credible connection between the applicant’s demonstrated capabilities and the work they intend to pursue.

4. Whether waiving the job offer and labor certification requirements benefits the United States

The third prong considers whether, on balance, the United States would benefit from waiving the job-offer and labor-certification requirements.

The petition should explain why the waiver is justified in the applicant’s particular circumstances. Simply stating that the applicant is talented or that their industry is important does not fully address this requirement.

The analysis should connect the proposed work, the applicant’s qualifications, and the relevant circumstances to the reasons a waiver would benefit the United States.

5. Independent expert analysis and supporting documentation

In technically complex cases, a qualified independent expert may help explain specialized work, its significance, and the relevance of the applicant’s achievements.

The value of an expert opinion letter depends on its substance, the expert’s qualifications, the documents reviewed, and how directly the analysis addresses the issues in the petition.

An expert letter is supporting evidence—not a substitute for required documentation or a guarantee of approval.

Which Applicants Have Better EB-2 NIW Approval Chances?

There is no reliable basis for promising a specific approval probability simply because an applicant belongs to a certain profession. Researchers, engineers, physicians, entrepreneurs, technology professionals, and other specialists may all pursue NIW petitions, but the strength of their cases depends on their individual evidence and proposed endeavors.

Rather than asking which profession has the highest approval rate, applicants should ask whether their record supports the legal criteria.

Researchers and academics

Relevant evidence may include peer-reviewed publications, citations, patents, research funding, participation in significant projects, and proof that other researchers or organizations have used the applicant’s work.

The number of publications alone does not establish national importance. Applicants should explain what their research contributes and how it relates to the proposed endeavor.

Engineers and technology professionals

Engineers and technology professionals may be able to document technical innovations, software or systems developed, patents, product implementation, measurable performance improvements, or contributions to significant projects.

The petition should identify the applicant’s own role and distinguish personal contributions from the achievements of a larger team or employer.

Healthcare and public-health professionals

Potentially relevant evidence may include clinical or research contributions, healthcare innovations, work addressing documented needs, public-health projects, and measurable outcomes.

Applicants should connect their proposed work to the specific issue they intend to address rather than relying solely on general statements about the importance of healthcare.

Entrepreneurs and business professionals

Entrepreneurs may use evidence such as a detailed business plan, market research, investment or funding records, contracts, letters of interest, hiring plans, and documented progress toward implementation.

A business plan alone does not prove that an endeavor has national importance or that the applicant is well positioned to advance it. Supporting evidence should establish a credible connection between the plan, the applicant’s experience, and the anticipated impact.

Professionals with substantial experience but limited publications

Not every NIW case depends on an academic publication record. Industry professionals may have other relevant evidence, including patents, technical reports, project results, business outcomes, professional leadership, or implementation records.

The key is to identify credible evidence appropriate to the applicant’s field and explain its relevance to the proposed endeavor and the Dhanasar criteria.

How to Improve Your EB-2 NIW Approval Chances

No preparation strategy can guarantee approval. However, a carefully documented petition can make it easier to understand how the applicant’s qualifications, proposed work, and supporting evidence relate to the legal requirements.

Step 1: Define the proposed endeavor precisely

Describe what you plan to do in the United States, what problem the work addresses, how you intend to carry it out, and why it matters.

Avoid relying on broad statements about your profession or industry. The endeavor should be specific enough for the evidence to support a clear and coherent argument.

Step 2: Map evidence to each Dhanasar prong

Organize the case around the three legal criteria. For each prong, identify the claim being made, the evidence that supports it, and any gaps that need to be addressed.

This structure helps prevent a common preparation problem: collecting many documents without clearly explaining what they establish.

Step 3: Document achievements with objective evidence

Where possible, support claims with records rather than general descriptions. Depending on your work, evidence might include publications, citations, patents, awards, project reports, funding, contracts, implementation data, or documented business and research outcomes.

Explain the context and significance of the evidence. A list of accomplishments is less useful than a clear account of what they demonstrate.

Step 4: Connect your background to future plans

Your previous work should help establish why you are positioned to pursue the proposed endeavor. Explain how your experience, qualifications, achievements, and current progress support the work you intend to undertake.

If your plans differ from your previous role, address the connection clearly and provide evidence supporting your ability to make that transition.

Step 5: Keep the petition consistent

Review the résumé, endeavor statement, business plan, expert letters, recommendation letters, and supporting exhibits together. Dates, job titles, project descriptions, achievements, and future plans should be accurate and consistent.

Resolve discrepancies and explain important changes in professional direction rather than leaving the reader to infer what happened.

Step 6: Consider whether an independent expert opinion letter would help

An independent expert opinion letter can provide field-specific analysis of an applicant’s achievements and proposed endeavor. It may be useful when technical or specialized work needs explanation or when the petition would benefit from an informed external assessment.

The letter should be tailored to the applicant’s actual evidence and relevant issues. Generic praise, unsupported conclusions, or repeated résumé details may add little value.

Learn more about AAE Evaluations’ EB-2 NIW expert opinion letter service to understand how an independent expert assessment may support a petition.

Step 7: Review the complete case before filing

Before submission, check whether the evidence addresses the underlying EB-2 eligibility requirement and each Dhanasar prong. Confirm that supporting documents are legible, accurately described, properly organized, and consistent with the petition’s arguments.

An immigration attorney can help assess the legal strategy, eligibility, and filing requirements. A qualified expert may provide specialized analysis where appropriate, but neither an expert letter nor a credential evaluation replaces legal advice or the applicant’s burden of proof.

How EEE of America and AAE Evaluations Can Support EB-2 NIW Petitions

Preparing an EB-2 NIW petition can involve both academic and professional documentation. The right support depends on the applicant’s background, the evidence already available, and the questions that need to be addressed.

EEE of America: Credential evaluations and expert opinion letters

Applicants with education completed outside the United States may need documentation explaining how their credentials compare with U.S. educational standards. EEE of America provides foreign credential evaluation services and other evaluation services for immigration and professional purposes.

Depending on the circumstances of a case, a credential evaluation may help explain educational qualifications. Applicants should select a report appropriate to the relevant requirement and the purpose for which it will be used.

EEE of America also offers EB-2 NIW expert opinion letters intended to assess an applicant’s qualifications, achievements, and proposed endeavor.

AAE Evaluations: Independent, evidence-based expert opinion letters

AAE Evaluations prepares customized expert opinion letters for EB-2 NIW petitions, analyzing an applicant’s background and proposed endeavor in relation to the three Dhanasar prongs.

An expert opinion letter can help explain specialized work, put professional achievements into context, and connect the evidence to relevant criteria. Its value depends on the expert’s qualifications, the documents reviewed, and the quality of the case-specific analysis.

Explore AAE Evaluations’ EB-2 NIW expert opinion letter service to learn about the process and supporting documents that may be needed.

Important distinction: Credential evaluations and expert opinion letters serve different purposes. A credential evaluation addresses the equivalency or interpretation of educational or professional qualifications within its scope. An expert opinion letter provides an independent professional assessment of relevant facts and issues. Neither service guarantees NIW approval, and the appropriate evidence depends on the petition.

Frequently Asked Questions About the EB-2 NIW Approval Rate

What is the EB-2 NIW approval rate in 2026?

The calculated approval share for FY2026 Q3, covering April through June 2026, was approximately 55.3%. The calculation uses 3,835 approvals and 3,103 denials. It reflects decisions in that quarter, not the likelihood that a newly filed petition will be approved.

Is the EB-2 NIW approval rate increasing?

The quarterly approval share increased from approximately 42.5% in FY2026 Q1 to 48.1% in Q2 and 55.3% in Q3. These figures show a recovery across those three quarters, but they do not establish that the trend will continue.

What was the EB-2 NIW approval rate in FY2025?

The calculated approval share for the full FY2025 was approximately 55.2%, based on 19,532 approvals and 15,863 denials. Quarterly figures varied substantially, with the final quarter recording a lower approval share than earlier quarters.

Does a 55.3% approval rate mean I have a 55.3% chance of approval?

No. The figure describes the share of decided petitions approved in a specific reporting period. It does not account for the details of your qualifications, proposed endeavor, evidence, or eligibility. Your case should be assessed individually.

Does having an advanced degree guarantee EB-2 NIW approval?

No. An advanced degree may help establish eligibility for the underlying EB-2 classification, but the applicant must also qualify for the national interest waiver under the applicable legal framework. The petition must address all three Dhanasar prongs.

Can an entrepreneur qualify for an EB-2 NIW?

Entrepreneurs may qualify if they meet the applicable EB-2 requirements and establish that their proposed endeavor satisfies the NIW criteria. Relevant evidence may include a well-supported business plan, progress toward implementation, funding, contracts, market research, and credible evidence of the endeavor’s broader significance. A business plan alone does not guarantee eligibility.

Is an expert opinion letter required for an EB-2 NIW petition?

An expert opinion letter is not a universal requirement for every NIW petition. It may provide useful supporting analysis in cases involving specialized work, complex technical achievements, or a need to explain the significance of the applicant’s record. Whether it would help depends on the facts and evidence in the individual case.

Can an expert opinion letter guarantee approval?

No. An expert opinion letter is supporting evidence. USCIS makes the decision after considering the petition as a whole, including the applicant’s eligibility and all submitted evidence.

What documents can help strengthen an EB-2 NIW petition?

Depending on the case, useful evidence may include academic records, a résumé, an endeavor statement, publications, citations, patents, awards, project documentation, funding records, business plans, contracts, evidence of implementation, and relevant expert assessments. The documents should support specific claims rather than be submitted without explanation.

Where can I check the latest USCIS NIW statistics?

Visit the USCIS Immigration and Citizenship Data library and look for the latest Form I-140 statistics. Check the fiscal year, quarter, and NIW category before comparing numbers from different sources.

Conclusion: What the 2026 EB-2 NIW Approval Trends Mean for Applicants

The EB-2 NIW approval statistics show that outcomes have changed significantly since FY2022. After a low point in FY2025 Q4, the calculated approval share rose across the first three quarters of FY2026, reaching approximately 55.3% in Q3. These figures provide useful context, but they cannot predict an individual petition’s outcome.

Applicants should focus on establishing eligibility, defining a specific proposed endeavor, documenting the significance of their work, and presenting evidence that addresses all three Dhanasar prongs. Consistency and a clear explanation of the supporting evidence are more useful than relying on broad claims about professional importance or historical approval percentages.

Where appropriate, credential evaluations can help explain foreign educational qualifications, while an independent expert opinion letter may help clarify specialized achievements and their relevance to the proposed endeavor.

To learn more, visit EEE of America’s EB-2 NIW expert opinion letter service or AAE Evaluations’ EB-2 NIW expert opinion letter service.

This article is for general informational purposes only and is not legal advice. Immigration requirements and USCIS data can change. Consult qualified immigration counsel for advice about your specific circumstances.