The EB2 NIW has become harder to win. The EB2 NIW approval rate dropped sharply between 2022 and 2025, and denials are now a real risk even for strong professionals.
In this guide, we explain what the latest USCIS data shows, the most common reasons petitions get denied, and what you can do if you receive a Request for Evidence (RFE) or a denial.
What is the current EB2 NIW approval rate?
USCIS publishes the number of national interest waiver petitions it approves and denies each quarter. Dividing approvals by total decisions gives an approximate approval rate.
| Period | Approximate approval rate |
|---|---|
| Fiscal year 2022 | 96% |
| Fiscal year 2023 | 80% |
| Fiscal year 2024 | 71% |
| Fiscal year 2025 | 55% |
| July to September 2025 | 36% |
| April to June 2026 | 55% |
Two things explain the trend. Filings grew quickly, and in January 2025 USCIS updated its guidance to require officers to confirm EB2 eligibility before analyzing the waiver. The rate has partly recovered in 2026, but it remains far below earlier years.
An average rate does not predict your own result. What decides your case is the quality of your evidence and how well it answers each requirement.
Want to know where your case stands? Tell us about your profile and we will review it.
Why EB2 NIW petitions get denied
Most denials come down to the same gaps. These are the ones we see most often.
1. Not proving EB2 eligibility first
Before looking at the waiver, USCIS confirms that you qualify for the EB2 category. You can qualify with an advanced degree, or with a bachelor’s degree plus five years of progressive experience. You can also qualify through exceptional ability, which requires at least three of six criteria.
A common mistake is mixing up the two paths. The three-of-six rule applies only to exceptional ability, not to everyone. We explain both paths in our guide to the EB2 NIW requirements.
2. A vague proposed endeavor
USCIS needs to understand exactly what you will do in the United States. “Work as an engineer” is a job title, not an endeavor. “Design more efficient solar panels for utility-scale projects” is much closer to what officers expect. Learn more about what counts as a national interest project.
3. Weak evidence of national importance
Substantial merit is not enough. Your endeavor also needs national importance, which means an impact beyond a single employer, client, or local area. Many denials happen because the evidence only shows value to the applicant’s company.
4. Not showing you are well positioned
USCIS looks at whether you can actually advance your endeavor. It weighs your education, skills, track record, a plan for future work, progress you have already made, and interest from users, clients, or investors. A strong record with no clear plan for the future is a frequent weak point.
5. A thin argument for the waiver
The third criterion asks whether, on balance, the United States benefits from waiving the job offer and the labor certification. Many petitions treat it as an afterthought. It deserves its own argument, tied to the urgency or uniqueness of your work.
6. Claims without independent evidence
Recommendation letters from colleagues and supervisors help, but they are not enough on their own. Officers give more weight to evidence they can verify: citations, adoption of your work by others, media coverage, contracts, or letters from independent experts.
7. Inconsistencies across documents
Dates, titles, and figures that do not match across your forms, resume, and letters raise doubts. Before filing, check that every document tells the same story.
What an RFE means and how to respond
A Request for Evidence means USCIS needs more information before deciding. It is not a denial. It is a chance to close the gaps the officer identified.
Respond to every point in the RFE, with new evidence where possible, and before the deadline. A partial answer usually leads to a denial.
What to do if your petition is denied
A denial does not always end your path. Depending on the case, you can:
- file a motion to reopen or reconsider, generally within 30 days of the decision;
- appeal to the Administrative Appeals Office (AAO);
- file a new petition with stronger evidence.
In many cases, a new, better-built petition is the most practical route. If your profile fits a higher bar, the EB1A may also be worth reviewing. Keep in mind that a new filing restarts the EB2 NIW timeline.
Schedule a consultation to review a denial or an RFE before you decide your next step.
How LOIGICA can help
At Loigica, we review your profile, your endeavor, and your evidence against each EB2 NIW requirement before you file, and we help you respond to RFEs and denials.
To see how we handle these cases, visit our EB2 NIW visa page.
Camilo Espinosa Esq.
Managing Attorney and Co-Founder at Loigica
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Immigration rules and USCIS practices change often, so consult a qualified professional about your specific situation.
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