USCIS released the latest approval rate data for employment-based permanent residency in the first quarter of FY 2026. Relative to FY 2025, pathways including the EB-1A and EB-2 NIW saw increased scrutiny and lower approval odds.
I-140 Approval Rates In FY 2026 Q1
|
Visa Category
|
Approved
|
Denied
|
Q1 2026 I-140 Approval Rate |
|
First Preference (EB1)
|
5,961
|
2,562
|
69.94%
|
|
Alien of Extraordinary Ability (E11)
|
2,180
|
2,414
|
47.45%
|
|
Outstanding Professor or Researcher (E12)
|
1,342
|
73
|
94.84%
|
|
Multi-national Executive or Manager (E13)
|
2,439
|
75
|
97.02%
|
|
Second Preference (EB2)
|
18,246
|
3,458
|
84.07%
|
|
Professionals with Advanced Degrees (E21)
|
15,866
|
252
|
98.44%
|
|
National Interest Waiver (NIW)
|
2,380
|
3,206
|
42.61%
|
|
Third Preference (EB3)
|
23,715
|
433
|
98.21%
|
|
Skilled Worker (E31)
|
5,021
|
171
|
96.71%
|
|
Professionals with Baccalaureate Degrees (E32)
|
8,190
|
144
|
98.27%
|
|
Unskilled Workers (EW3)
|
10,504
|
118
|
98.89%
|
USCIS Data Reveals Sharp Decline in High-Skilled Visa Approvals
The EB-1A green card, reserved for individuals with extraordinary ability, saw approval rates plummet from 66.91% in FY 2025 to 47.45% in Q1 2026.
The EB-2 NIW also saw increased scrutiny, with the approval rate down from 55.17% in FY 2025 to 42.61% in Q1 2026.
Why Is Scrutiny Increasing?
In the past several years, the number of applications for both the EB-2 NIW and EB-1 has skyrocketed. For example, Fiscal Year (FY) 2022 saw 21,973 EB-2 NIW petitions, whereas FY 2025 saw 66,276 filings in FY 2025. This 200% increase in a few short years has led USCIS adjudicators to apply stricter standards, utilizing more subjective “final merits determinations” and apply stricter judgment on national interest.
Recently, USCIS was ordered to approve a formerly rejected EB-1A petition after a U.S. district court decided the final merits determination was unlawfully adopted and arbitrarily applied.
