Latest EB2 NIW Approval Rate: What USCIS Data Reveals
The EB2 NIW approval rate has seen a major decline, from 90% in 2022 to just 71% in 2024. See what’s driving this trend and how applicants can avoid common pitfalls.
Written by
Facundo Bermudez
Published on
28 Jul 2023
Table of Contents:
For many professionals looking to establish themselves in the U.S. permanently, the EB2 NIW approval rate is a key factor in determining their chances of success. Unlike other employment-based green card categories, this visa allows applicants to skip the labor certification process and employer sponsorship, making it a preferred route for highly skilled individuals in STEM and non-STEM fields.
However, getting approved isn’t guaranteed, and recent trends show a noticeable shift in approval rates. The EB2 NIW approval rate for 2024 stands at 71%, a decline from 80% in 2023 and 90% in 2022. While the numbers indicate that securing an NIW is still possible, they also highlight stricter adjudication trends and growing competition.
But what’s driving these changes? And more importantly, what can applicants do to increase their chances of success?
In this article, we’ll break down:
✔ The latest EB2 NIW approval and denial rates (2024 vs. previous years)
✔ How STEM and non-STEM professionals are affected
✔ Common reasons for denials and RFEs
✔ Strategies to strengthen your EB-2 NIW petition
Understanding these trends, based on data from USCIS reports on STEM-Related Petition Trends and the State Department’s Form I-140 Immigrant Petition for Alien Worker by Fiscal Year, Quarter, and Case Status, will help applicants navigate the process more effectively and avoid common pitfalls that lead to delays or rejections.
Let’s begin by breaking down the latest EB2 NIW approval rates and analyzing how they have changed over the years.
Breaking Down the EB2 NIW Approval Rate – Trends & Key Insights
Understanding how the EB2 NIW approval rate has changed over time provides valuable insight into the visa’s current landscape. While the 2024 approval rate stands at 71%, this figure marks a significant drop from previous years, raising important questions about why approvals have declined and what applicants can do to strengthen their cases.
How the EB2 NIW Approval Rate Has Changed (2018-2024)
The EB2 NIW approval rate has fluctuated over the past several years, reflecting shifts in USCIS processing trends, applicant volume, and adjudication standards:
- 2024: 71% – A noticeable drop from the previous year, indicating stricter review processes and growing competition.
- 2023: 80% – A decline from 2022 but still relatively high, suggesting that while approvals were frequent, adjudication became more selective.
- 2022: 90% – A particularly strong year for applicants, likely due to USCIS clearing backlogs and prioritizing skilled professionals.
- 2021: 86% – A steady success rate, with STEM professionals leading the way in approvals.
- 2020: 85% – Despite the pandemic, approval rates remained strong, as demand for specialized workers grew.
- 2019: 90% – A high point, showcasing strong acceptance rates for qualified candidates.
- 2018: 91% – One of the strongest years, reflecting more lenient adjudication and fewer application backlogs.
This downward trend in approval rates from 90% in 2022 to 71% in 2024 suggests that USCIS has tightened its review process, making it more critical than ever for applicants to submit well-documented petitions.
What’s Behind the Decline in EB2 NIW Approvals?
Several factors have contributed to the recent decline in the EB2 NIW success rate:
✔ Stricter USCIS Scrutiny: Officers are closely evaluating whether an applicant’s work truly serves the national interest, leading to more Requests for Evidence (RFEs) and denials.
✔ Increase in Applications: As more professionals pursue the EB2 NIW, higher competition means stricter selection criteria.
✔ More RFEs (Requests for Evidence): USCIS is demanding additional documentation to justify approvals, making it crucial for applicants to provide clear, compelling evidence of their qualifications.
✔ Priority Given to STEM Fields: While STEM professionals continue to have high approval rates, non-STEM applicants face greater scrutiny and lower success rates.
EB2 NIW Success Rate – How to Maximize Your Chances of Approval
With approval rates declining and RFEs becoming more common, submitting a strong, well-documented EB2 NIW petition is more important than ever. While USCIS evaluates each case individually, successful applicants share a few key strategies that improve their chances of approval.
What Can You Do to Improve Your Success Rate?
✔ Make Your National Interest Argument Clear – Clearly explain why your work benefits the U.S. on a national level and provides concrete examples. Avoid vague claims and back up your statements with quantifiable impact metrics.
✔ Ensure Strong Letters of Recommendation – Secure letters from recognized experts in your field who can speak to your qualifications, influence, and contributions. The stronger the source, the more weight USCIS will give to your case.
✔ Anticipate Potential RFEs – If your field is non-STEM or your contributions are not immediately obvious, proactively include additional documentation to avoid delays.
✔ Verify Every Detail in Your Petition – Small errors, inconsistent information, or missing documents can lead to unnecessary denials. Double-check all forms and evidence before submission.
EB2 NIW Approval Rates for STEM vs. Non-STEM Professionals
While the overall EB2 NIW approval rate has declined, a closer look at the data reveals a clear distinction between STEM and non-STEM professionals. Over the years, STEM applicants have consistently seen higher success rates, while those in non-STEM fields have faced more challenges in securing approval.
Higher Approval Rates for STEM Professionals
For individuals in science, technology, engineering, and mathematics (STEM) fields, the EB2 NIW approval rate has remained strong. In 2021, STEM professionals saw an approval rate of 93%, a figure that increased to 95% in 2022. Even in 2023, when overall approval rates began to decline, STEM approvals remained just below 90%, showing that USCIS continues to prioritize highly skilled workers in technical fields.
A major reason for this is the U.S. government’s emphasis on attracting top talent in critical industries. STEM professionals, including software engineers, biomedical researchers, and data scientists, often have an easier time demonstrating how their work serves the national interest, making it easier to justify an NIW approval.
Another crucial factor for STEM applicants is the priority date, which determines when they can move forward with filing Form I-485 for a green card. With demand increasing and backlogs growing, understanding these processing timelines is essential for applicants looking to secure an approval without unnecessary delays.
Why Non-STEM Professionals Face Greater Challenges
While STEM professionals have maintained strong approval rates, non-STEM applicants have experienced more fluctuations. In 2021, the approval rate for non-STEM professionals was 71%, increasing to 81% in 2022. However, by 2023, the approval rate dropped to just 66%, signaling a tighter review process and a shift in adjudication priorities.
For non-STEM applicants, the challenge lies in proving that their work has substantial merit and national importance. USCIS often scrutinizes applications from business professionals, educators, artists, and other non-technical fields more closely, making it critical to:
✔ Present clear evidence of how their work benefits the U.S. economy, innovation, or workforce development.
✔ Demonstrate extraordinary ability or national impact, similar to what is required for EB1-A applicants.
✔ Submit strong letters of recommendation from industry experts to reinforce their qualifications.
While non-STEM professionals can still qualify for the EB2 NIW, they must be more strategic and proactive in building a compelling case.
Key Takeaways for Applicants in 2025
- STEM professionals continue to have an advantage, with approval rates remaining close to 90% even as overall numbers decline.
- Non-STEM professionals must work harder to prove national interest, as approval rates have fallen to 66% in recent years.
- Understanding priority dates and backlogs is essential, especially for STEM applicants looking to fileForm I-485 efficiently.
- A well-structured petition with strong documentation is critical for success, regardless of field.
As we move forward, let’s examine another important factor affecting approvals: why some EB2 NIW cases are denied and what applicants can do to avoid common pitfalls.
EB2 NIW Denial Rate – Why Are Some Cases Rejected?
While the EB2 NIW approval rate remains strong, it’s equally important to understand the denial rate and the common reasons why applications are rejected. In 2023 alone, 1,385 NIW petitions were denied, a figure that highlights how failing to meet USCIS standards can result in setbacks, delays, or outright denials.
Understanding the EB2 NIW Denial Rate
The EB2 NIW denial rate has increased in recent years as USCIS applies stricter review standards:
- 2024: With a 71% approval rate, this means nearly 30% of petitions were either denied or required additional evidence.
- 2023: The denial rate increased as approvals dropped from 90% in 2022 to 80%, signaling tighter adjudication criteria.
- 2022: This was a high-approval year (90%), meaning fewer denials. However, the backlog clearing process may have contributed to this higher success rate.
- 2021 & Earlier: Denial rates remained relatively low, as EB2 NIW petitions were still seen as a strong immigration pathway for skilled professionals.
With a growing number of applicants, USCIS is rejecting more cases due to insufficient documentation, weak arguments, or failure to meet the “national interest” standard.
How to Avoid an EB2 NIW Denial
While denials are becoming more frequent, there are several steps applicants can take to strengthen their case and improve their chances of approval:
✔ Clearly Define Your National Interest Contribution – Show how your work addresses a critical need in the U.S., whether in research, technology, healthcare, or other impactful industries.
✔ Strengthen Your Petition Letter – Make sure the letter clearly outlines why you qualify for the NIW and how your work meets the required legal standards.
✔ Provide Strong Supporting Documents – Include publications, citations, patents, or other professional achievements that demonstrate your impact in the field.
✔ Secure Well-Written Recommendation Letters – Choose recommenders who can speak to your expertise, achievements, and influence in your industry.
✔ Work with Experts – Seeking legal guidance or professional petition assistance can help eliminate errors and strengthen weak areas of the application.
With USCIS becoming more selective, ensuring that your EB2 NIW application is comprehensive, well-documented, and clearly argued can make the difference between approval and denial.
Next, we’ll take a closer look at what happens if you receive an RFE (Request for Evidence) and how you can still secure approval.
NIW RFE Approval Rate – What Happens If You Get an RFE?
Receiving a Request for Evidence (RFE) from USCIS can feel like a setback, but it doesn’t necessarily mean your EB2 NIW application will be denied. In fact, many applicants who respond properly to an RFE still secure approval. Understanding the NIW RFE approval rate and how to effectively respond to an RFE can significantly improve your chances of success.
How Often Do NIW Applicants Receive an RFE?
As USCIS has tightened its review process, RFEs have become more common. Many EB2 NIW applicants receive RFEs because adjudicators require additional clarification or supporting documentation before making a final decision. While USCIS does not release exact RFE issuance rates, reports from immigration attorneys suggest that:
- Receiving an RFE is now more common than in past years, especially for non-STEM professionals.
- Many cases that receive RFEs still get approved, as long as the applicant provides a strong response.
- The NIW RFE approval rate remains relatively high, meaning applicants who address concerns properly can still secure approval.
Why Does USCIS Issue RFEs for EB2 NIW Petitions?
RFEs are often triggered when an application lacks clear or convincing evidence in one or more areas. The most common reasons include:
✔ Unclear National Interest Argument – If USCIS is not convinced that your work has a broad impact on the U.S., they will ask for further justification.
✔ Insufficient Evidence of Past Achievements – USCIS may request additional documentation, such as publications, media coverage, or impact metrics to verify an applicant’s qualifications.
✔ Weak Recommendation Letters – If the letters of recommendation do not come from credible sources or fail to establish the applicant’s influence in their field, USCIS may ask for stronger letters.
✔ Concerns About Continued Work in the U.S. – USCIS may want proof that the applicant will continue working in their field after obtaining a green card.
How to Respond to an NIW RFE Successfully
While an RFE can be stressful, a well-prepared response can turn things around. Here’s how to handle it effectively:
✔ Understand Exactly What USCIS Is Requesting – Carefully review the RFE notice and identify the specific areas USCIS wants clarification on.
✔ Strengthen Weak Areas with Additional Evidence – If USCIS questions your national interest impact, submit detailed examples of your work, citations, collaborations, or industry recognition.
✔ Submit Stronger Letters of Recommendation – If recommendation letters were a weak point, secure endorsements from highly regarded experts in your industry who can reinforce your contributions.
✔ Work with an Immigration Expert – Many applicants who successfully overcome an RFE seek guidance from an immigration attorney or expert to craft a more compelling response.
Strengthening Your EB-2 NIW Application in 2025
- Receiving an RFE is not a denial—it’s an opportunity to strengthen your application.
- Many NIW applicants who respond effectively still get approved.
- Identifying weak areas in your original petition and addressing them with strong evidence is the best way to secure approval.
- Being proactive and submitting a complete, well-documented application upfront can help reduce the likelihood of receiving an RFE.
As USCIS becomes more selective in granting NIW approvals, ensuring your petition is as strong as possible from the start is crucial.
How Visa Franchise Helps You Secure an EB-2 NIW or EB-1A Visa
Securing approval for an EB-2 NIW or EB-1A visa requires more than just meeting the basic qualifications. A well-structured petition with clear evidence of achievements, expert endorsements, and a strong argument for national importance makes a significant difference. Visa Franchise helps professionals in STEM and high-impact industries craft applications that align with USCIS requirements and increase approval chances.
Our service focuses on building a compelling case that highlights your contributions to the U.S., whether through employment, research, or entrepreneurship. We assist with document preparation, recommendation letters, and expert legal guidance, ensuring that your petition meets the latest adjudication standards. For EB-1A applicants, we also provide support in gaining industry recognition through publications, professional memberships, and endorsements.
With our proven approach and a network of top immigration attorneys, we simplify the process while maximizing your chances of success. If you’re ready to take the next step toward securing U.S. residency, Visa Franchise is here to help you prepare a petition that stands out.
Final Thoughts: Is Your EB2 NIW Petition Ready for 2025?
The EB2 NIW approval rate tells a story—one of changing policies, growing competition, and the increasing need for applicants to present a clear, compelling case for why their work benefits the U.S. What was once a more straightforward path is now becoming more selective, making preparation the most critical factor in securing approval.
For some, the high success rates in STEM fields offer reassurance, while for others in non-STEM professions, the recent decline in approvals signals the need for a more strategic approach. The numbers make one thing clear: applicants who submit strong petitions, anticipate USCIS scrutiny, and provide solid evidence of their contributions have a far better chance of success.
But statistics only tell part of the story. Behind every approval or denial is a professional hoping to build a future in the U.S., and how that journey unfolds depends on how well you prepare today.
So, as you plan your next steps, ask yourself—is your EB2 NIW petition ready to stand out in 2025?
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