What is the EB-2 NIW approval rate?

EB-2 NIW approval rates range from 40% to 85%, depending on case quality and evidence strength. Well-prepared petitions with strong Dhanasar framework evidence achieve 75-85% approval rates. Weak or rushed cases face 40-60% denial rates. Case preparation quality matters more than credentials alone.

What are the top reasons EB-2 NIW gets denied?

Top rejection reasons are insufficient evidence of national importance, weak, well-positioned proof, and failure to justify the labor certification waiver. Common mistakes include vague proposed endeavors, generic recommendation letters, overstated claims unsupported by evidence, and standard employment framing unsuitable for a waiver.

How can I improve my chances of EB-2 NIW approval?

Build a strong publication record with citations, secure detailed recommendation letters from national experts, develop a specific proposed endeavor with national importance, demonstrate clear positioning through achievements, and justify why labor certification waiver benefits the U.S. Work with an NIW-experienced attorney and strengthen evidence 6-12 months before filing.

Can I refile if my EB-2 NIW is denied?

Yes, you can refile EB-2 NIW after denial with no limit on attempts. Address all deficiencies from the denial notice, strengthen weak evidence areas, and consider consulting a NIW attorney. A new filing requires a new I-140 fee ($700) and attorney fees ($10,000). A denied petition does not preserve the priority date.

Do I need a lawyer for EB-2 NIW?

While not legally required, attorney preparation significantly improves the odds of approval. Self-filed cases face 50-65% denial rates, compared with 75-85% approval rates for attorney-filed cases. NIW-experienced attorneys help frame the proposed endeavor, develop an evidence strategy, coach writers of letters of recommendation, and present compelling legal arguments addressing the Dhanasar prongs.

EB-2 NIW Approval and Rejection Rate 2026: Latest USCIS Data

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EB-2 NIW Approval and Rejection Rate 2026: Latest USCIS Data

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