EB-1A vs EB-2 NIW: approval rates, backlogs and Visa Bulletin waits
USCIS data through FY2026 Q3 (Apr-Jun 2026), October 2026 bulletin
How do the two routes differ?
| EB-1A | EB-2 NIW | |
|---|---|---|
| Preference category | EB-1 (first preference) | EB-2 (second preference) |
| Who qualifies | Extraordinary ability in the sciences, arts, education, business or athletics, shown by sustained national or international acclaim (USCIS) | An advanced degree or exceptional ability, plus a waiver of the job offer in the national interest (USCIS) |
| Evidence | A one-time major award, or at least 3 of the 10 listed criteria | The three-part national interest test USCIS applies (Matter of Dhanasar) |
| Employer or PERM needed | No, you can file for yourself | No, you can file for yourself |
| Premium processing limit | 15 business days | 45 business days |
| Premium processing fee | $2,965 | $2,965 |
Which is approved more often?
EB-1A approval rate
32.2%
FY2026 Q3
EB-2 NIW approval rate
55.3%
FY2026 Q3
EB-1A decisions
4,180
FY2026 Q3
NIW decisions
6,938
FY2026 Q3
| Quarter | EB-1A | EB-2 NIW |
|---|---|---|
| FY2026 Q3 | 32.2% | 55.3% |
| FY2026 Q2 | 41.8% | 48.1% |
| FY2026 Q1 | 47.5% | 42.5% |
| FY2025 Q4 | 53.4% | 35.7% |
| FY2025 Q3 | 66.5% | 54.0% |
| FY2025 Q2 | 72.7% | 67.3% |
| FY2025 Q1 | 74.7% | 62.7% |
| FY2024 Q4 | 74.4% | 61.2% |
| FY2024 Q3 | 70.0% | 68.2% |
| FY2024 Q2 | 71.1% | 75.8% |
| FY2024 Q1 | 73.3% | 76.7% |
Approval rate = approvals ÷ (approvals + denials) in the quarter. It is not the chance for one case: it mixes strong and weak filings and changes with USCIS policy.
How many cases are pending?
| EB-1A | EB-2 NIW | |
|---|---|---|
| Received | 4,704 → 6,036 | 14,264 → 13,831 |
| Approved | 2,928 → 1,348 | 7,996 → 3,835 |
| Denied | 1,067 → 2,832 | 2,423 → 3,103 |
| Pending | 8,088 → 28,874 | 22,756 → 96,297 |
Each cell shows FY2024 Q1 → FY2026 Q3. Received, approved and denied are counts for the quarter; pending is the count at the end of it.
How long is the wait after approval?
An approved I-140 still needs a visa number. The wait depends on the Visa Bulletin cutoff for your category and country of birth: EB-1 for EB-1A, EB-2 for NIW. Final action dates in the October 2026 bulletin, and how many years (yrs) each sits behind the bulletin month (none when the category is current):
| Born in | EB-1 | Behind | EB-2 | Behind |
|---|---|---|---|---|
| All other countries | Current | none | Jan 1, 2025 | 1.8 yrs |
| India | Feb 1, 2023 | 3.7 yrs | Nov 1, 2013 | 12.9 yrs |
| China | Jul 1, 2023 | 3.3 yrs | Oct 1, 2021 | 5.0 yrs |
| Mexico | Current | none | Jan 1, 2025 | 1.8 yrs |
| Philippines | Current | none | Jan 1, 2025 | 1.8 yrs |
Approved petitions waiting for a visa (June 2026)
| Country of birth | EB-1 | EB-2 |
|---|---|---|
| India | 17,861 | 356,360 |
| China | 14,101 | 34,936 |
For people born in Mexico, the Philippines and all other countries, USCIS's June 2026 report shows 0 in both columns. It counts approved petitions whose priority date was not yet current on the June 2026 final action chart, so it can differ from the October cutoffs above.
What does the data show?
- 1Premium processing clock: the time limit is shorter for EB-1A (15 business days) than for NIW (45); the fee is the same.
- 2Approval rate: in FY2026 Q3, 32.2% for EB-1A and 55.3% for NIW. See the quarter-by-quarter table for the trend.
- 3Wait after approval: the EB-1 cutoff is closer to the bulletin month than EB-2 for every country in the October 2026 bulletin; the gap is widest for people born in India (3.7 yrs behind for EB-1 vs 12.9 yrs for EB-2).
Which route fits a case depends on the evidence; this page compares published data and is not legal advice.
FAQ
Which has the higher approval rate, EB-1A or EB-2 NIW?
In FY2026 Q3 (Apr-Jun 2026), USCIS approved 32.2% of EB-1A (E11) I-140 decisions and 55.3% of EB-2 NIW decisions. Rates are approvals divided by approvals plus denials in the quarter, from USCIS's quarterly I-140 report.
Is premium processing faster for EB-1A or NIW?
For EB-1A, USCIS commits to act within 15 business days; for EB-2 NIW, within 45 business days. The fee is $2,965 for both. "Act" can be an approval, a denial, or a request for evidence.
Which route has the shorter wait after approval?
It depends on the country of birth. In the October 2026 bulletin the EB-1 final action date for all other countries was Current and EB-2 was Jan 1, 2025; for India, EB-1 was Feb 1, 2023 and EB-2 Nov 1, 2013.
Sources
- USCIS, Employment-Based Immigration: First Preference EB-1
- USCIS, Employment-Based Immigration: Second Preference EB-2
- USCIS, Form I-140 performance data, FY2026 Q3 (Apr-Jun 2026)
- USCIS, How Do I Request Premium Processing?
- U.S. Department of State, Visa Bulletin
- USCIS, approved employment-based petitions awaiting visa availability
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This guide reports published government data and rules; it is not legal advice and does not predict future movement. Terms.