NIW & EB-1A Approval Rates —
Every Fiscal Year
Compiled from USCIS Form I-140 adjudication data, decided cases only (approved ÷ approved + denied). FY2018–FY2026 Q1. Updated quarterly as USCIS publishes new figures.
NIW approval rates have fallen from 83% to 43% in three years
In FY2024, USCIS began applying stricter "prong 2" scrutiny to National Interest Waiver petitions — requiring more concrete evidence that the benefit to the US is "substantial" and that waiving the job offer requirement is warranted. NIW approval rates fell from 83% in FY2023 to 71% in FY2024, then to 55% in FY2025, with Q4 FY2025 hitting 36%. Q1 FY2026 (Oct–Dec 2025) came in at 43% — the lowest sustained rate since the category was established. Over the same period, I-140 NIW filings roughly tripled: from ~22,000 in FY2022 to ~66,000 in FY2025. USCIS is adjudicating far more petitions at a lower approval rate, primarily because a large share of incoming filings are not meeting the "substantially beneficial" standard under Matter of Dhanasar.
Source: USCIS Immigration and Citizenship Data — "Form I-140 by Fiscal Year, Quarter and Case Status," published quarterly · Approval rate = approved ÷ (approved + denied) · Pending cases excluded · Last updated: