Alarming USCIS Statistics on EB-1A and EB-2 NIW Approval Rates in FY 2024

Last month USCIS released its adjudication statistics for Form I-140, which includes EB-1A Extraordinary Ability Cases and EB-2 National Interest Waivers for the Fiscal Year of 2024 (Q1-Q4). According to the report, the approval rate of both EB-1A cases and EB-2 NIW has significantly gone down. You find USCIS statistics reports on other petitions here.

USCIS Approval and Denial Rates for EB-1A and EB-2 NIW (FY 2024)

• EB-1A (Extraordinary Ability)

  • Approval Rate: 60.65%

  • Denial Rate: 23.32%

  • Pending Cases: 16.03%

  EB-2 NIW (National Interest Waiver)

  • Approval Rate: 43.31%

  • Denial Rate: 17.71%

  • Pending Cases: 38.98%

The approval and denial rates are based on Fiscal Year (FY) 2024, covering all four quarters (Q1–Q4). The data reflects the total number of petitions received, approved, denied, and pending throughout the entire fiscal year. The disparity in percentages of approved and denied cases is due to cases that are still pending adjudication (i.e., cases that USCIS has received but has not yet approved or denied).

The charts below illustrate the approval, denial, and pending case rates, highlighting the dramatic decline in EB-2 NIW approvals and EB-1A approvals.

Trends in EB-1A and EB-2 NIW Adjudications: FY 2023 vs. FY 2024

Key Observations for EB-1A:

• The approval rate dropped from 70.50% in FY 2023 to 60.65% in FY 2024, signaling a more stringent adjudication process.

• The denial rate increased from 19.35% to 23.32%, reflecting stricter review criteria.

• Pending cases increased, suggesting longer processing times and possibly more Requests for Evidence (RFEs).

Key Observations for EB-2 NIW:

• The approval rate for EB-2 NIW plummeted from 79.99% in FY 2023 to just 43.31% in FY 2024, representing a staggering 46% decrease.

• The denial rate slightly increased from 16.65% to 17.71%, but the much lower approval rate suggests that more cases are being held in review or RFEs are causing delays.

• The percentage of pending cases surged from 3.36% to 38.98%, meaning a huge backlog exists, possibly delaying approvals further.

Contrasting FY 2024 with Previous EB-2 NIW Adjudication Trends

The FY 2024 approval rate for EB-2 NIW has significantly declined compared to previous years. Historically, USCIS consistently approved over 90% of EB-2 NIW petitions, as seen in FY 2018–FY 2023, where approval rates were around 96–97%.

However, in FY 2024, the approval rate for EB-2 NIW dropped to 43.31%, with a denial rate of 17.71%, leaving a staggering 38.98% of cases still pending. This marks a sharp contrast to prior years, where approvals were much more predictable.

Possible Reasons for the Drop in EB-2 NIW Approval Rates

1. Stricter Adjudication Standards

   • While EB-2 NIW petitions surged in popularity after USCIS issued policy guidance updates in 2022, adjudicators may now be applying stricter review standards to filter cases more rigorously.

   • In FY 2023, 43% of all EB-2 petitions were NIWs, nearly double the percentage from FY 2022 (26%). This sharp increase could have led to a backlog and a shift in scrutiny levels.

2. Increase in Petition Volume

   • USCIS reported a nearly 100% increase in EB-2 NIW petitions from FY 2022 to FY 2023, leading to higher pending caseloads.

   • The backlog may be slowing down approvals, causing a higher percentage of pending cases in FY 2024 (38.98%).

3. Focus on the "Proposed Endeavor" Rather Than Just Qualifications

   • The FY 2022 USCIS guidance clarified that EB-2 NIW adjudications should heavily weigh an applicant's proposed work in the U.S., not just their credentials.

   • Officers now require more specific evidence proving the applicant’s work will benefit the U.S. in a broad and significant way.

4. Longer Processing Times & Shifting Priorities

   • A larger volume of cases means USCIS may prioritize other employment-based categories (such as PERM-based EB-2 or EB-1A).

   • A high pending case rate (38.98%) suggests that USCIS is still working through a backlog rather than outright denying cases.

     Key Takeaways from FY 2023 vs. FY 2024 Trends

1. EB-2 NIW approvals have dropped dramatically from 79.99% to 43.31%, showing a major policy shift.

   • This suggests USCIS has tightened adjudication criteria significantly, particularly around national interest impact.

2. EB-1A approval rates have also declined, but not as sharply (from 70.50% to 60.65%).

   • EB-1A remains more stable, making it a potentially safer choice for highly qualified applicants.

3. Pending case backlogs for EB-2 NIW have skyrocketed from 3.36% to 38.98%, indicating delays.

   • This backlog may lead to longer wait times and higher scrutiny in future adjudications.

4. EB-1A now has a much higher approval rate than EB-2 NIW, reversing previous trends.

   • For strong candidates, EB-1A may be the better option going forward.

Why Legal Guidance Is More Important Than Ever

Given the unprecedented decline in EB-2 NIW approvals and the tightening of EB-1A standards, working with an experienced immigration attorney is critical:

✅ Strengthen your case by aligning it with new USCIS adjudication trends.
✅ Reduce RFEs and denials by ensuring all required evidence is provided.
✅ Maximize Approval Chances – Given the shifting approval trends, legal expertise can help determine the best category for your case (EB-1A vs. EB-2 NIW).

📅 Schedule a Consultation Today
Contact us to discuss your case with our expert attorneys.