Most employment-based green cards are approved
In the third quarter of FY2026, April through June 2026, USCIS decided 45,044 Form I-140 petitions, the filing behind every employment-based green card in the EB-1, EB-2, and EB-3 preferences. It approved 84.3% of them. Six of the eight categories cleared 93% or better, according to the agency’s I-140 case-status data, published September 8, 2026. The two that did not are the two an applicant can file alone.
| Category (hardest first) | Q3 FY2026 | FY2026 to date | Q3 approved / denied | Who files |
|---|---|---|---|---|
| EB-1A extraordinary ability | 32.2% | 40.7% | 1,348 / 2,832 | The applicant |
| EB-2 national interest waiver | 55.3% | 49.1% | 3,835 / 3,103 | The applicant |
| EB-1B outstanding researcher | 93.0% | 93.8% | 1,408 / 106 | Employer |
| EB-3 other workers | 93.4% | 97.8% | 4,077 / 290 | Employer, after PERM |
| EB-3 skilled workers | 96.7% | 96.6% | 5,649 / 194 | Employer, after PERM |
| EB-2 advanced degree | 97.4% | 96.9% | 12,154 / 323 | Employer, after PERM |
| EB-1C multinational executive | 97.4% | 97.2% | 3,658 / 96 | Employer |
| EB-3 professionals | 97.9% | 97.8% | 5,846 / 125 | Employer, after PERM |
Rates count decided cases only, approvals divided by approvals plus denials; pending petitions are excluded. “After PERM” means the Department of Labor has already approved a labor certification for the job before the I-140 is filed. EB-5 investor petitions use a different form and are not part of this data.
“The two employment-based green cards you can file without an employer made up about a quarter of the decisions in Q3 and 84% of the denials.”
The two exceptions are the two you can file yourself
EB-1A and the national interest waiver together accounted for 11,118 of the quarter’s 45,044 decisions, about a quarter, and 5,935 of its 7,069 denials, or 84%. Every category with an employer behind it approved at least 93%.
The likely reason is where the screening happens. In EB-2 advanced degree and EB-3 cases, the employer must first obtain a PERM labor certification under 20 CFR Part 656, so a case reaches USCIS having already passed one government review. In EB-1B and EB-1C, an employer is petitioning and standing behind the role. A self-petition arrives with neither screen, and USCIS judges it under demanding standards set out in 8 CFR 204.5. USCIS has not published an explanation for the rates, so this is a reading of the structure rather than a stated cause.
EB-1A is falling
EB-1A approvals dropped three quarters in a row in FY2026, from 47.5% in Q1 to 41.8% in Q2 and 32.2% in Q3, with denials rising while approvals fell. The EB-1A analysis covers where the decline is concentrated and how to decide whether to file.
NIW is recovering
The national interest waiver moved the other way, from 42.5% to 48.1% to 55.3%, after bottoming at 36% in the last quarter of FY2025. The NIW analysis covers the slide and the partial recovery, and the approval-rate tracker charts both categories back to FY2018.
What the ranking leaves out
An approval rate answers one question, how often USCIS says yes at the I-140 stage. Three things it does not capture matter as much for planning.
The PERM stage
The high rates for EB-2 advanced degree and EB-3 measure only petitions that have already cleared a labor certification. Cases that fail or stall at PERM never reach this table, and the PERM process itself adds many months before the I-140 is filed.
The queue
Pending petitions are distributed very differently from decisions. The national interest waiver alone holds nearly half of all pending I-140s.
| Category | Pending, end of Q3 FY2026 | Share of all pending I-140s |
|---|---|---|
| EB-2 national interest waiver | 96,297 | 47.4% |
| EB-3 skilled workers | 39,674 | 19.5% |
| EB-1A extraordinary ability | 28,874 | 14.2% |
| EB-1C multinational executive | 12,657 | 6.2% |
| All other categories | 25,702 | 12.6% |
The wait for a visa number
An approved petition becomes a green card only when the priority date is current under the Visa Bulletin. In October 2026, EB-1 was current for applicants from most of the world, while EB-2 moved to a January 1, 2025 cutoff and India and China carry longer waits across categories. The October 2026 Visa Bulletin analysis covers the current dates.
How to use the odds
The ranking is most useful for one decision: which route to file. It should inform that choice without replacing an honest read of the record.
Put the odds on your side where the facts allow
- A permanent research job offer: EB-1B approved 93.0% in Q3 and needs no PERM
- A qualifying multinational executive or manager role: EB-1C approved 97.4%; the executive evidence checklist covers the file
- An employer willing to sponsor through PERM: EB-2 advanced degree and EB-3 clear 93% to 98% at the I-140 stage, at the cost of the PERM timeline
- No employer, a strong record: choose between NIW and EB-1A by fit, build to the current standard, and consider an O-1A bridge while the record matures
This ranking is updated each quarter when USCIS publishes new I-140 data. The Q4 FY2026 figures are expected around early December 2026.