The Employment Based Second Preference National Interest Waiver (EB-2 NIW) is a sought-after U.S. green card pathway for professionals with advanced degrees or exceptional abilities. By demonstrating that their work serves the national interest, applicants can self-petition without employer sponsorship or labor certification. However, approval rates for EB-2 NIW petitions vary significantly based on the applicant’s field, with skilled (STEM-related) applicants reportedly achieving approval rates around 90%, while non-skilled (non-STEM) applicants face rates between 70 to 80%. This blog explores these trends, backed by recent data, and provides strategies to maximize approval chances, with references to authoritative sources.
EB-2 NIW Approval Rates: Skilled vs. Non-Skilled Applicants
Approval rates for EB-2 NIW petitions have fluctuated in recent years due to increased application volumes, stricter USCIS scrutiny, and evolving policy guidance. Below, we analyze the reported approval rates of 90% for skilled (STEM) applicants and 70 to 80% for non-skilled (non-STEM) applicants, contextualized with 2023–2025 data.
Historical and Recent Approval Trends
2018–2022: EB-2 NIW approval rates were historically high, ranging from 90–96%. In FY2022, 96% of petitions were approved, reflecting lenient adjudication and lower application volumes.
2023: Approval rates dropped to 80%, with STEM fields maintaining higher rates (around 90%) and non-STEM fields seeing denials as high as 33.2%.
2024: A significant decline occurred, with overall approval rates falling to 43–68%. USCIS received 63,549 petitions, approving 27,526 (43%) and denying 11,256 (18%), with 44,093 (69%) pending, creating a substantial backlog.
2025 (Q1): Early data shows 63% approval (4,722 approved, 2,799 denied), but STEM fields continue to outperform non-STEM fields.
Skilled (STEM) Applicants: 90% Approval Rate
Applicants in STEM fields such as artificial intelligence, biotechnology, cybersecurity, and renewable energy benefit from a reported 90% approval rate in favorable years (e.g., 2021–2023). In FY2023, only 10% of STEM-related EB-2 NIW petitions (2,120 out of 20,950) were denied, aligning with the 90% approval rate.
Why Higher Rates?
Policy Prioritization: USCIS’s January 2022 and 2025 policy updates emphasize STEM contributions to U.S. competitiveness and national security, giving STEM applicants an edge.
Clear National Impact: STEM endeavors, like developing AI for healthcare or renewable energy solutions, align with national priorities, making it easier to meet the Dhanasar prongs.
Robust Evidence: STEM applicants often provide quantifiable evidence, such as patents, citations, or funded research, which USCIS favors.
Example: A software engineer developing cybersecurity tools for critical infrastructure can demonstrate national importance through government contracts or expert endorsements, achieving a high approval likelihood.
Non-Skilled (Non-STEM) Applicants: 70 to 80% Approval Rate
Non-STEM applicants, including those in arts, education, or business, face approval rates of 70 to 80%, with FY2023 data showing a 33.2% denial rate (4,000 out of 11,810 petitions). These rates reflect greater scrutiny and challenges in proving national importance.
Why Lower Rates?
Subjective Evidence: Non-STEM fields rely on qualitative evidence like recommendation letters or media coverage, which are harder to evaluate.
National Importance Hurdle: Demonstrating how endeavors like cultural arts or educational reform benefit the U.S. nationally is complex.
Higher RFE Rates: Non-STEM petitions face Requests for Evidence (RFEs) at rates of 30–40% (anecdotal 2024 estimates), delaying or derailing approvals.
Example: An educator proposing innovative teaching methods must provide evidence of national adoption or significant societal impact, which is harder to document than STEM contributions.
For FY2024 data, see USCIS Immigration and Citizenship Data.
Factors Influencing Approval Rates
The disparity between STEM and non-STEM approval rates stems from several factors:
USCIS Policy Updates:
The January 2025 guidance emphasizes specific documentation and a clear link between skills and national interest, benefiting STEM applicants but challenging non-STEM ones.
STEM fields are prioritized due to their role in economic growth and national security.
Application Volume:
EB-2 NIW petitions surged by 190% from FY2022 (22,049) to FY2024 (63,549), overwhelming USCIS and leading to stricter reviews.
Non-STEM fields saw a smaller but growing application pool (1–2k in 2020–2021 to 11,810 in 2023), increasing competition.
Evidence Quality:
STEM applicants provide measurable metrics (e.g., 250+ citations for a PhD student), while non-STEM applicants rely on subjective narratives.
Weak business plans or generic claims (e.g., “hiring employees”) often trigger RFEs in non-STEM cases.
Adjudication Subjectivity:
USCIS officers vary in interpreting national importance, impacting non-STEM cases more due to less standardized evidence.
Backlogs and RFEs:
The 44,093 pending petitions in FY2024 (69% of filings) indicate processing delays of 6–18 months.
RFEs, more common in non-STEM cases, require prompt and thorough responses to avoid denials.
Strategies to Achieve High Approval Rates
To align with the reported 90% (STEM) and 70–80% (non-STEM) approval rates, applicants must tailor their petitions to USCIS expectations. Below are targeted strategies:
For Skilled (STEM) Applicants
Align with National Priorities: Highlight contributions to fields like AI, biotechnology, or cybersecurity. Reference USCIS’s STEM guidance to strengthen your case.
Provide Quantifiable Evidence: Include publications, citations, patents, or government-funded project records. For example, a researcher with 250+ citations should emphasize peer recognition.
Secure Expert Endorsements: Obtain recommendation letters from industry leaders or government officials validating your work’s impact.
Address All Prongs: Clearly articulate substantial merit, your qualifications, and the benefit of waiving labor certification.
For Non-Skilled (Non-STEM) Applicants
Craft a Compelling Narrative: Link your work to national interest, such as cultural diplomacy (arts) or educational reform (teaching). For example, a musician could highlight performances fostering U.S. cultural ties.
Strengthen Evidence: Use media coverage, awards, or community impact reports to substantiate claims. Avoid generic claims like “job creation.”
Anticipate RFEs: Include comprehensive documentation upfront, such as detailed business plans or expert letters, to reduce RFE likelihood.
Consult Experts: Work with immigration attorneys to navigate subjective criteria and ensure compliance with 2025 guidelines.
General Tips
Leverage Premium Processing: Since January 2023, EB-2 NIW petitions are eligible for premium processing ($2,500 fee), guaranteeing action within 45 days (though RFEs may extend timelines).
File Concurrent Petitions: Submit EB-2 NIW and EB-1A petitions simultaneously to increase approval chances, as each is evaluated independently.
Stay Informed: Review the USCIS Policy Manual for updates, especially the January 2025 guidance.
Address Backlogs: With 69% of FY2024 petitions pending, expect delays unless using premium processing.
Addressing the Reported Rates
The reported 90% approval rate for skilled applicants aligns with FY2021–2023 data for STEM fields, where only 10% of petitions were denied. However, FY2024’s overall rate of 43–68% suggests STEM applicants must submit robust petitions to maintain this rate. For non-STEM applicants, the 70–80% rate is consistent with FY2022–2023 trends but optimistic for FY2024, where non-STEM denials reached 33.2%. Comprehensive evidence and legal guidance are critical to achieving these rates.
Challenges and Considerations
Increased RFEs: Non-STEM petitions face higher RFE rates (30–40% in 2024), requiring thorough responses to avoid denials.
Backlogs: The 44,093 pending petitions in FY2024 signal processing delays, particularly for non-premium cases.
Stricter Scrutiny: The January 2025 policy update emphasizes specific evidence, raising the bar for all applicants.
Subjectivity: Non-STEM cases are more vulnerable to officer discretion, necessitating strong narratives.
Conclusion
The EB-2 NIW remains a powerful pathway for professionals seeking U.S. permanent residency, but approval rates reflect distinct challenges for skilled and non-skilled applicants. STEM applicants can achieve a 90% approval rate by leveraging policy priorities and quantifiable evidence, while non-STEM applicants must overcome subjective hurdles to reach 70–80%. By aligning with USCIS’s Dhanasar prongs, addressing 2025 policy updates, and consulting experienced attorneys, applicants can navigate the evolving landscape successfully. For the latest data and guidance, visit USCIS.gov or consult immigration experts like Fragomen.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for personalized guidance.
References:
USCIS Policy Manual: https://www.uscis.gov/policy-manual
USCIS FY2024 Data: https://www.uscis.gov/tools/reports-and-studies