EB-2 Approval Rate Current Stats — What USCIS Data Shows

Why EB-2 Approval Rates Aren't What You Think They Are

USCIS doesn't publish approval rates for EB-2 petitions in the way most applicants expect. The agency releases case volume data—how many I-140 petitions were received, approved, and denied in a given period—but that raw count doesn't answer the question most people are actually asking: "What are my chances if I file an EB-2 petition?" The two numbers measure different things, and confusing them leads applicants to misread their own situation.

Here's the honest answer: petition strength determines outcomes far more than category-wide statistics do. An EB-2 petition succeeds when it demonstrates that the applicant holds an advanced degree or exceptional ability, that the U.S. employer has a genuine job offer, and that a Department of Labor certification (or a national interest waiver) satisfies the regulatory requirements. Officers evaluate petitions against 8 CFR § 204.5, not against how many other petitions were approved that quarter. Understanding what adjudication data actually shows—and what it leaves out—matters more than chasing a percentage.

What USCIS Actually Publishes About EB-2 Cases

USCIS reports petition counts in its quarterly and annual data releases, accessible through the agency's website and the DHS Yearbook of Immigration Statistics. As of March 2026, these reports show:

• Form I-140 receipts (all employment-based categories combined and broken down by preference)
• Approvals and denials by fiscal year and quarter
• Pending inventory at the end of each reporting period
• Processing times by service center, updated monthly

These figures tell you how many petitions moved through the system, not how strong the average petition was or what percentage of well-prepared filings succeeded. A high denial count in a given quarter might reflect a wave of weak filings, stricter RFE standards, or a backlog clearance effort—none of which predicts what happens to your case.

The data also doesn't separate EB-2 petitions filed with PERM labor certification from those filed under the National Interest Waiver (NIW) pathway. The two routes have different evidentiary standards, so combining them into one approval figure obscures more than it reveals.

Why Approval Percentages From Other Sources Are Unreliable

Third-party websites and forums often cite EB-2 approval rates—some claim figures as high as 85% or 90%, others as low as 60%. None of these numbers come from official USCIS publications, and most are derived by dividing annual approvals by annual receipts without accounting for:

• Carry-over cases: Petitions approved this year but filed last year (or earlier)
• RFEs and NOIDs: Cases that received requests for evidence or notices of intent to deny, then cured deficiencies and were approved in a later quarter
• Withdrawn petitions: Cases pulled by the petitioner or employer before adjudication
• Service center variation: Nebraska Service Center and Texas Service Center process EB-2 cases at different rates and apply standards with different levels of scrutiny

Calculating a meaningful approval rate would require tracking each petition from filing to final decision—data USCIS doesn't publish in that form. What you see online is an approximation at best and a misleading average at worst.

The Real Variables That Drive EB-2 Outcomes

An EB-2 petition is approved when it satisfies the regulatory criteria under INA § 203(b)(2) and the corresponding Code of Federal Regulations sections. Officers evaluate:

Petitions fail most often on evidence quality, not on inherent ineligibility. An officer can't approve a petition that doesn't prove what the regulation requires, no matter how accomplished the applicant is in their field. Conversely, a well-documented petition that addresses each criterion directly and backs every claim with specific evidence succeeds regardless of what the quarterly approval count was.

What PERM Data Tells You (And What It Doesn't)

The Department of Labor publishes annual PERM program statistics through its Foreign Labor Application Gateway (FLAG) system. As of early 2026, DOL reports certification rates for labor certification applications—the step that precedes most EB-2 I-140 filings. Recent data shows certification rates above 90% for applications that reach the audit or supervised recruitment stage, but that figure excludes:

• Applications withdrawn before adjudication
• Applications denied at the prevailing wage determination stage (before the formal PERM filing)
• Applications that never progressed past recruitment because no audit was cleared

A high PERM certification rate tells you that employers who complete the process correctly usually succeed. It doesn't mean that every EB-2 case proceeds smoothly after certification—USCIS evaluates the I-140 petition independently, and a certified PERM doesn't guarantee I-140 approval if the petition itself has evidentiary gaps.

National Interest Waiver Adjudication: A Different Test

EB-2 NIW petitions bypass the PERM requirement by arguing that the applicant's work benefits the United States to a degree that justifies waiving the labor market test. Officers evaluate NIW petitions under the Matter of Dhanasar framework, which requires proof of:

1. Substantial merit and national importance of the proposed work
2. The applicant's position to advance the endeavor
3. That waiving the job offer and labor certification benefits the U.S.

NIW denial rates aren't separately published, but cases fail most often on the second prong—applicants describe important work but don't prove their own capacity to execute it. A strong publication record, patents, funding awards, or adoption of the applicant's methods by others in the field addresses this gap. Generic letters of support or an impressive CV without evidence of actual impact on the proposed work don't.

The NIW route has no official approval percentage because each case hinges on the strength of the applicant's documentation, not on category-wide trends.

Processing Times Versus Approval Likelihood

USCIS posts I-140 processing times by service center on its website, updated monthly. As of early 2026, standard processing ranges from 5 to 12 months depending on the center and current inventory. Premium Processing Service, when available, guarantees a response within the timeframe set by USCIS—confirm the current window and fee at uscis.gov/forms before filing.

A long processing time doesn't correlate with lower approval chances, and a fast turnaround doesn't mean the petition was stronger. Processing speed reflects workload, staffing, and case complexity—not adjudication standards. Officers take the time the case requires; what matters is whether the evidence supports the petition when the officer reviews it.

What If My I-140 Gets an RFE?

A Request for Evidence (RFE) means the officer needs additional documentation to make a decision. It is not a denial. USCIS doesn't publish RFE issuance rates for EB-2 cases, but they're common—particularly for NIW petitions and cases where the initial filing didn't fully address one of the regulatory criteria.

An RFE response must directly answer what the officer asked for. Submitting the same evidence reworded, or adding general supporting documents that don't address the specific deficiency, usually results in a denial. The response deadline is stated in the RFE notice; late responses aren't accepted.

Many RFEs are issued because the petition didn't explain how the evidence connects to the regulatory standard. For example, an officer might acknowledge that the applicant has a strong CV but issue an RFE asking for proof that the specific job offer requires an advanced degree, or that the applicant's work has national-level impact rather than local or industry-specific value. The response must make that connection explicit.

What If I'm Filing EB-2 After an EB-3 Approval?

Some applicants file an EB-2 petition while holding an approved EB-3 I-140 to preserve an earlier priority date or to move into a faster-moving preference category. This is permitted under INA § 203(b), and the EB-2 petition is evaluated on its own merits. USCIS doesn't give extra weight to a prior approval in a different category, but the applicant can port their priority date if the earlier petition was approved and the new petition is filed by the same or a successor employer.

The EB-2 petition must independently satisfy the advanced degree or exceptional ability requirement—meeting the EB-3 standard (bachelor's degree or skilled worker) doesn't automatically qualify an applicant for EB-2. If the new position requires an advanced degree and the applicant holds one, or if the applicant now has the five years of progressive post-bachelor's experience that EB-2 allows as an advanced degree equivalent, the petition can succeed.

What If My Employer's Ability to Pay Is Questioned?

USCIS requires proof that the petitioning employer can pay the offered wage as of the priority date and continuously thereafter. Officers review tax returns, audited financial statements, or—for smaller employers—annual reports and evidence of net income or net current assets. If the financial documents don't clearly show the ability to pay, the petition is denied unless the employer provides additional evidence such as:

• Evidence that the beneficiary is already employed by the petitioner at the offered wage or higher
• Payroll records showing other employees in similar roles at comparable salaries
• A detailed explanation of how the employer's financial position supports the wage even if the tax return shows a loss or low net income that year

This issue arises most often with startup companies, nonprofits, or employers filing multiple PERM-based petitions in the same year. The petitioner must affirmatively address ability to pay in the initial filing if the financials aren't straightforward—waiting for an RFE to explain the situation increases the risk of denial.

How to Evaluate Your Own Case Strength

Rather than relying on category-wide approval percentages, assess your petition against the regulatory checklist:

• Does your degree meet the EB-2 advanced degree requirement, or do you have a bachelor's plus five years of qualifying experience?
• Does the job offer description in the labor certification (or the NIW petition letter) match your actual credentials and work history?
• If filing under NIW, do you have objective evidence—publications, citations, patents, funding, adoption of your work by others—that your proposed endeavor has national importance and that you are positioned to advance it?
• Does your employer's financial evidence clearly show the ability to pay the offered wage from the priority date forward?
• Are your recommendation letters specific about your contributions, or are they generic endorsements?

A petition that answers yes to all of these, with documentation for each, has strong approval prospects regardless of what the quarterly statistics showed. A petition with gaps on any of these faces a likely RFE or denial, even if approval counts were high that quarter.

What the Law Offices of Peter D. Chu Addresses in an EB-2 Review

The Law Offices of Peter D. Chu evaluates EB-2 petitions by reviewing the regulatory criteria against the applicant's actual documentation. The consultation identifies evidence gaps before filing, so the petition addresses potential RFE triggers up front. The firm handles both PERM-based EB-2 cases and National Interest Waiver petitions, and the review process includes:

• Confirming that the applicant's credentials satisfy the advanced degree or exceptional ability standard
• Reviewing the job offer and labor certification (if applicable) for consistency with USCIS adjudication patterns
• Assessing the employer's ability-to-pay documentation
• For NIW cases, evaluating whether the evidence satisfies all three Dhanasar prongs and identifying what additional documentation strengthens the record

The $250 consultation provides a case-specific assessment, not a general approval odds estimate. Immigration outcomes depend on individual facts; the consultation determines whether those facts support a strong petition.

Disclaimer: This article provides general information about EB-2 petition adjudication and USCIS data reporting. It is not legal advice, and reading it does not create an attorney-client relationship. EB-2 eligibility and petition strength depend on your specific credentials, job offer, and documentation. Consult a licensed immigration attorney to evaluate your case before filing. Outcomes vary based on individual circumstances, and no article can predict the result of your petition.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.