EB-2 NIW approval rate and pending cases
Form I-140 filed under the EB-2 national interest waiver
Data as of · Source: USCIS quarterly I-140 report
Approval share, FY26 Q3
55.3%
Approved, FY26 Q3
3,835
Denied, FY26 Q3
3,103
Pending, FY26 Q3
96,297
USCIS counts national interest waiver petitions as their own line in its quarterly Form I-140 report. In FY2026 Q3 (Apr-Jun 2026) it received 13,831 NIW petitions and decided 6,938. The approval share was 55.3%, against 76.7% in FY2024 Q1 (Oct-Dec 2023), and pending NIW petitions went from 22,756 to 96,297. See all categories on the I-140 page.
Approval share by quarter
Approved ÷ (approved + denied) in each quarter.
Pending NIW petitions by quarter
Quarterly NIW data
| Quarter | Received | Approved | Denied | Approval share | Pending |
|---|---|---|---|---|---|
| FY2026 Q3 (Apr-Jun 2026) | 13,831 | 3,835 | 3,103 | 55.3% | 96,297 |
| FY2026 Q2 (Jan-Mar 2026) | 12,648 | 3,038 | 3,282 | 48.1% | 89,307 |
| FY2026 Q1 (Oct-Dec 2025) | 13,884 | 2,365 | 3,200 | 42.5% | 82,935 |
| FY2025 Q4 (Jul-Sep 2025) | 13,983 | 2,968 | 5,356 | 35.7% | 74,392 |
| FY2025 Q3 (Apr-Jun 2025) | 14,542 | 5,290 | 4,511 | 54% | 68,821 |
| FY2025 Q2 (Jan-Mar 2025) | 17,610 | 6,591 | 3,206 | 67.3% | 64,475 |
| FY2025 Q1 (Oct-Dec 2024) | 20,141 | 4,683 | 2,790 | 62.7% | 56,611 |
| FY2024 Q4 (Jul-Sep 2024) | 18,613 | 5,396 | 3,427 | 61.2% | 44,093 |
| FY2024 Q3 (Apr-Jun 2024) | 14,235 | 6,082 | 2,834 | 68.2% | 34,118 |
| FY2024 Q2 (Jan-Mar 2024) | 16,437 | 8,052 | 2,572 | 75.8% | 28,694 |
| FY2024 Q1 (Oct-Dec 2023) | 14,264 | 7,996 | 2,423 | 76.7% | 22,756 |
FAQ
What is the EB-2 NIW approval rate?
In FY2026 Q3 (Apr-Jun 2026), USCIS approved 3,835 and denied 3,103 national interest waiver I-140 petitions, so 55.3% of decisions that quarter were approvals. In FY2024 Q1 (Oct-Dec 2023) the share was 76.7%. These are shares of decisions, not the chance for any single case.
How many NIW petitions are pending?
96,297 NIW petitions were pending at the end of FY2026 Q3 (Apr-Jun 2026), compared with 22,756 at the end of FY2024 Q1 (Oct-Dec 2023).
Does an approved NIW mean a green card right away?
No. After approval, the applicant still needs a visa number under EB-2. In the October 2026 Visa Bulletin the EB-2 final action date was Jan 1, 2025 for most countries and Nov 1, 2013 for India.
Related
Source: USCIS, Form I-140 by Fiscal Year, Quarter and Case Status. Fiscal years start in October. This page shows published counts and is not legal advice.