EB-2 NIW Approval Rates: What the Data Shows in 2026
The Real EB-2 NIW Approval Rate
If you are considering filing an EB-2 National Interest Waiver, the first question is usually about approval rates. USCIS does not publish official NIW-specific approval statistics, but data from FOIA requests and practitioner surveys puts the overall approval rate at approximately 85-92% for well-prepared petitions. That number drops sharply — to around 50-60% — for cases filed without attorney guidance or with weak evidence packages.
What Makes NIW Petitions Succeed
The three-prong Dhanasar framework (which replaced the old Matter of New York State DOT test in 2016) requires showing that your proposed endeavor has substantial merit and national importance, that you are well positioned to advance it, and that waiving the job offer requirement would benefit the United States.
Cases with the highest approval rates share several traits: strong publication records or measurable professional impact, clear articulation of a specific proposed endeavor (not just a field of work), and robust recommendation letters from independent experts who can speak to the national significance of the work.
Common Reasons for NIW Denials
The most frequent ground for denial is failing to establish that the applicant is "well positioned to advance the proposed endeavor." USCIS wants evidence of a concrete plan, funding or employment, and a track record that demonstrates ability to execute. Vague statements about future plans without supporting evidence are the top reason petitions fail.
The second most common denial ground is the national importance prong — applicants who describe work that benefits only a single employer or local area rather than demonstrating broader national impact.
NIW vs EB-1A: Which Has Better Odds?
Our EB-1 vs EB-2 NIW comparison guide covers this in detail, but the short answer is that NIW has a higher approval rate for most applicants because the evidentiary standard is lower. EB-1A requires demonstrating that you are at the very top of your field, while NIW requires showing that your work has national importance — a broader and more achievable standard.