EB-1A & EB-2 NIWs: What’s the latest?

EB-1A Extraordinary Ability and EB-2 National Interest Waiver petitions are beloved and popular green card options for those like entrepreneurs not in traditional employment relationships. But adjudication trends for these cases have changed dramatically in 2025 and into 2026. For those interested in applying, what does the current landscape look like? Here are some takeaways based on our analysis:

Dropping approval rates

Both EB-1A Extraordinary Ability and EB-2 National Interest Waiver petition approval rates are dropping. EB-1A approval rates have dropped slightly, but the approval rates for EB-2 NIWs are dropping significantly. For example:

Higher Request for Evidence (RFE) issuance rates

USCIS data and feedback from immigration attorneys also confirms a substantial increase in RFE issuance for EB-1A and EB-2 NIWs. For example, in 2022 and 2023, approximately 35% of EB-1As received Requests for Evidence. Today, in the first quarter of 2025, reports show that the RFE issuance rate for EB-1As is nearly 50%.

EB-1As

For EB-1As, what changed? It appears that USCIS is applying a stricter “final merits” evaluation than previously, meaning that many cases that would have been approved outright are now having to go through a second round of defense. A final merits determination is a requirement for EB-1A adjudications under the holding of Kazarian v. USCIS. Here, applicants are required to prove that their evidence, in total, shows “sustained national or international acclaim.” In the past, meeting at least three of the regulatory EB-1A criteria was sufficient to prove this. Now, USCIS is taking a narrower view. This view is currently being challenged in US District Courts nationwide.

In addition, there has been a significant spike in the number of EB-1A petitions being filed. USCIS does not provide a breakdown in data regarding the various types of EB-1 petitions filed, but industry experts estimate that there has been around a 63% increase in EB-1A petitions filed between 2022 and 2024. This high RFE rate may then reflect a need for USCIS to have more time to process applications, or perhaps a higher number of “unqualified” applicants trying their hand with an EB-1A approval.

EB-2 NIWs

EB-2 NIW applicants are also being pummeled with RFEs. In 2022, the typical RFE rate for these cases was 15-20%. Today, that has jumped to approximately 40% of EB-2 NIWs receiving RFEs.

Immigration attorneys suspect the increase in RFE rates has to do with the jump of total NIWs filed. In 2022, experts report that approximately 22,000 EB-2 NIW petitions were filed, largely due to policy changes encouraging STEM and self-petitioned NIWs. In 2023, USCIS saw approximately 40,000 applicants and in 2024, approximately 63,000 applicants. This explosive growth has led to a spike in denials, but also RFEs as USCIS attempts to keep up with the workload. USCIS’s inclusion of NIWs for premium processing in 2022 and 2023 no doubt also contributed to the increased RFE rate.

Increased USCIS processing times

USCIS processing times for EB-1A and EB-2 NIW petitions have also increased dramatically. As of March 2026, the USCIS processing time for EB-1A petitions was 22 months and 22.5 months for National Interest Waivers. For many candidates, this means that premium processing has become a necessity.

Both petitions are available for premium processing for a fee of $2,965. For EB-1A petitions, premium processing cases will be adjudicated within 15 business days and for EB-2 NIWs, premium processing cases will be adjudicated within 15 business days.

Takeaways for 2026 Applicants

USCIS adjudications for EB-1A and EB-2 NIW applications have tightened, but approvals are still possible – especially in the EB-1A arena. EB-2 NIWs have seen the most dramatic adjudication changes, but EB-1As remain a solid path, although they are more demanding than previously.

If submitting your application in 2026, brace yourself for a RFE (even for a strong case), and plan extra time in to address USCIS concerns and delays.