Last updated: November 2026. Figures come from the USCIS Form I-140 workbook for fiscal year 2026, quarter 3, the newest USCIS I-140 file we could find in early November 2026. Standards come from the USCIS Policy Manual, Policy Alerts PA-2025-03 and PA-2026-05, 8 CFR 103.2 and 204.5, and Matter of Dhanasar.
Is national interest waiver difficult? Yes, by USCIS’s own count. From October 2025 through June 2026 (fiscal year 2026, quarters 1 to 3), USCIS approved 9,238 EB-2 National Interest Waiver (NIW) petitions and denied 9,585. Slightly more decisions were denials than approvals. But difficult is not the same as random. The hard parts are written down in USCIS’s guidance: a two-layer test, a specific endeavor with impact beyond your employer, independent evidence for every claim and, since August 2026, a complete file on the day you submit it.
This guide sets out the official numbers, the standards that make the NIW demanding, what does not make it harder, and a yes-or-no self-check. It quotes no success rates and predicts nothing about any individual case: USCIS “considers every petition on a case-by-case basis.” If you are new to the category, start with What is EB-2 NIW?
Key takeaways
- USCIS publishes counts, not rates. In FY2026 Q1 to Q3 it recorded 9,238 NIW approvals and 9,585 denials, so approvals were 49.1% of decisions.
- In the same file, the other EB-2 petitions (those without a waiver) had 38,835 approvals and 1,258 denials.
- USCIS checks EB-2 first, including whether your occupation is a profession, and can deny without reaching the waiver.
- The endeavor must matter beyond your employer, and unsupported claims do not meet the burden of proof.
- Under PA-2026-05, missing initial evidence can lead to a denial without a Request for Evidence (RFE).
- A job offer, publications and a Ph.D. are not required.
Is national interest waiver difficult? What USCIS’s numbers show
USCIS posts Form I-140 counts by quarter on its Immigration and Citizenship Data page. The workbook “Form I-140 by Fiscal Year, Quarter and Case Status” (i140_fy2026_q3_v1.xlsx, dated September 8, 2026) has a separate row for NIW petitions. Here it is next to two other rows from the same file:
| Workbook row (FY2026 Q1–Q3) | Approved | Denied | Approvals as a share of decisions |
|---|---|---|---|
| National Interest Waiver (NIW) | 9,238 | 9,585 | 49.1% |
| Professionals with Advanced Degrees (E21), the rest of EB-2 | 38,835 | 1,258 | 96.9% |
| Alien of Extraordinary Ability (E11), known as EB-1A | 5,232 | 7,620 | 40.7% |
Source: RADP Summary sheet, fiscal-year-total columns, covering October 1, 2025 to June 30, 2026. Share = approved ÷ (approved + denied), rounded to one decimal. EB-2 petitions without a waiver must come with a labor certification or, where it applies, a Schedule A application (8 CFR 204.5(k)(4)(i)). So the E21 row describes a different kind of case. It is context, not a benchmark for yours.
Quarter by quarter, the NIW share has risen from a low of 35.7% in July to September 2025: 42.5%, then 48.1%, then 55.3% in April to June 2026. The workbooks give no reasons for these movements, so we offer none. They also say nothing about a single petition. Decisions in a quarter often involve petitions filed earlier, and USCIS notes the report “could contain multiple petitions for a single individual.” For the full tables and method, see our EB2 NIW approval rate 2026 page.
Is EB2 NIW hard to get? Five standards that make it demanding
The quotes below are from the USCIS Policy Manual, Volume 6, Part F, Chapter 5 unless another source is named.
1. Two layers, and the first can end the case
Since PA-2025-03 (January 15, 2025), a petitioner “must first demonstrate qualification for the underlying second preference visa classification.” If that fails, USCIS may send an RFE or a Notice of Intent to Deny (NOID), or “issue a denial without reaching the national interest waiver determination.” The EB-2 layer now includes your occupation: “The intended occupation through which the person plans to advance the proposed endeavor must meet the definition of a profession.” That is judged by the occupation’s general entry requirements, “not by the credentials of any one person.” See Who Qualifies for EB2 NIW? for the degree, experience and exceptional ability routes.
2. A specific endeavor with reach beyond your employer
Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), the first prong “focuses on the specific endeavor that the foreign national proposes to undertake.” The Policy Manual says “benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant.” What counts is whether the endeavor “stands to have broader implications, such as for a field, a region, or the public at large.” Proposing to work “in an occupation with a national shortage” is, alone, “insufficient.” So are general “assertions regarding the general importance of business owners or entrepreneurs for job creation.” Our Overview of the Three Prongs of EB-2 NIW walks through all three prongs.
3. Independent evidence that you are well positioned
USCIS says a person may be well positioned “even if the person cannot demonstrate that the proposed endeavor is more likely than not to ultimately succeed.” But “unsubstantiated claims would not meet the petitioner’s burden of proof.” Letters “may be persuasive” when they come from experts with first-hand knowledge, describe your achievements with specific examples, “and are supported by other independent evidence.” Business plans “should be supported by other independent evidence.” And “a degree in and of itself” is not a sufficient basis for this prong. If most of your evidence is letters, this is the prong to strengthen first.
4. A complete file on the day you submit it
You must be eligible “at the time of filing,” and each request must be filed “with all initial evidence required by applicable regulations and other USCIS instructions” (8 CFR 103.2(b)(1)). PA-2026-05 (August 5, 2026) restored officers’ “full discretion to deny such benefit requests without first issuing an RFE or NOID” when required initial evidence is missing. It also says 12 weeks is the maximum RFE response period, not a standard one, and USCIS no longer adds 14 days for notices mailed outside the United States. Our guide Can USCIS Deny Without RFE NIW Petitions? explains what this means for an I-140.
5. A discretionary decision, weighed as a whole
Even a petition that addresses every prong is decided as a matter of discretion. Dhanasar says that if the three elements are satisfied, “USCIS may approve the national interest waiver as a matter of discretion,” and the petitioner must prove eligibility by a preponderance of the evidence. The third prong asks whether, on balance, waiving the job offer and labor certification would benefit the United States. The Policy Manual adds that “evidence of a national labor shortage in the person’s occupation would not, by itself, satisfy this third prong.”
What does not make the NIW harder
- No job offer. An NIW petition “does not need to be supported by a job offer; therefore, the person may file as a self-petitioner.” See our EB-2 NIW self-petition guide.
- No required publications or citations. USCIS’s list of well-positioned evidence “is not meant to be a checklist or to indicate that any one type of evidence is either required or sufficient.” See EB2 NIW without publications.
- No required Ph.D. or STEM field. A STEM Ph.D. tied to the endeavor is “an especially positive factor,” not a requirement. Dhanasar lists merit areas “such as business, entrepreneurialism, science, technology, culture, health, or education.”
- No required economic impact. Dhanasar says the potential for significant economic impact “may be favorable but is not required.”
Want an early read on which of these standards your record already meets? Our free EB-2 NIW profile evaluation checks your degree, occupation, endeavor and evidence against the USCIS criteria. It is a review of your evidence, not a forecast of any USCIS decision.
Is national interest waiver difficult for self-petitioners? What you can control
You cannot control how an officer weighs the record. You can control what the record contains and when you file it.
| Hard part | What you control | Official basis |
|---|---|---|
| EB-2 threshold | Pick your route (advanced degree, bachelor’s plus five years of post-degree experience, or exceptional ability) and document it with academic records and detailed employer letters | 8 CFR 204.5(g)(1) and (k)(2)–(3); Policy Manual |
| Profession test | Name the occupation you will work in and show its entry requirement, for example from the BLS Occupational Outlook Handbook | Policy Manual 6 F.5(D)(1) |
| National importance | Write a specific endeavor and show who benefits beyond your employer | Dhanasar; Policy Manual 6 F.5(D) |
| Well positioned | Back each claim with exhibits other than letters: contracts, adoption by others, grants, patents, media coverage | Policy Manual evidence list |
| Completeness | File every required initial document, full certified translations and signed forms | 8 CFR 103.2(b)(1) and (b)(3); PA-2026-05 |
| Timing | File only once you are eligible. Eligibility gained after filing does not count | 8 CFR 103.2(b)(1) |
Two details are easy to miss. Experience letters must “include the name, address, and title of the writer, and a specific description of the duties performed” (8 CFR 204.5(g)(1)). And any foreign-language document needs “a full English language translation” with the translator’s certification (8 CFR 103.2(b)(3)).
Is EB2 NIW worth it?
That depends on your record and your goals, and no official source answers it for you. On one side, the NIW waives the job offer and labor certification, and you can file for yourself. On the other, it costs filing fees, preparation time and evidence-gathering. Even after approval, an I-140 still waits for a visa number under the Visa Bulletin. For those two questions, see How Much Does EB2 NIW Cost? and EB2 National Interest Waiver Priority Date.
Where the NIW is hardest to justify is filing before the record is ready. Since PA-2026-05, a gap in initial evidence may lead USCIS to deny rather than ask. Closing those gaps before you file is fully within your control.
EB2 NIW yes or no: a self-check before you file
Answer each question honestly. A “no” does not mean you cannot file. It shows where the record needs work first, or where to get a professional opinion.
- Do you hold a U.S. master’s degree or higher (or a foreign equivalent), or a bachelor’s followed by five years of progressive experience in the specialty, all before filing? If not, can you document at least three exceptional ability criteria?
- Does the occupation you will work in require at least a bachelor’s degree for entry, and can you show that from a source such as BLS?
- Can you describe your endeavor in one paragraph, with specific projects and goals, that a non-expert would understand?
- Does it benefit a field, a region or the public, not only your employer or its clients?
- Is your record backed by independent evidence, such as adoption of your work by others, contracts, grants, patents, media coverage or citations?
- Are your letters from people with first-hand knowledge of your work, with exhibits behind each claim?
- Do you have a plan describing how you will continue the work in the United States?
- Is every foreign-language document fully translated, with a translator certification?
Frequently Asked Questions
Is EB2 NIW harder than EB-1A?
They are different tests. USCIS says exceptional ability “is lower than the standard for extraordinary ability,” and an NIW based on an advanced degree does not need to show exceptional ability at all. In FY2026 Q1 to Q3, the EB-1A row showed 5,232 approvals and 7,620 denials. Those counts describe past decisions, not your chances.
Did the NIW get harder in 2025 and 2026?
Two official policy changes affect how cases are reviewed. PA-2025-03 (January 15, 2025) put EB-2 eligibility and the profession test first. PA-2026-05 (August 5, 2026) made denial without an RFE possible when initial evidence is missing. The NIW approval share hit 35.7% in July to September 2025 and has risen each quarter since. USCIS gives no reasons for those movements. See EB2 NIW Changes 2026 for every dated update.
Can a well-prepared petition still be denied?
Yes. The NIW is discretionary and decided case by case, so no preparer, consultant or attorney can promise an approval. Good preparation makes sure the record addresses each requirement with evidence.
Does a Ph.D. make the NIW easy?
No. USCIS treats a STEM Ph.D. tied to the endeavor as “an especially positive factor” for the second prong, but says “a degree in and of itself” is not enough. The endeavor still needs national importance, and the third prong still has to be met.
Does USCIS publish NIW approval rates by job or country?
No. Its I-140 workbook gives NIW approvals by country of birth but no denials by country, and nothing by occupation. So no official rate exists for either.
Want an honest read on your own case before you decide? Start with our free profile evaluation. Our petition team checks your degree, occupation, endeavor and evidence against the USCIS criteria and tells you where the record looks thin. It does not predict any USCIS decision.
Related guides
This article is general information, not legal advice. Skycap Consultancy is a petition-preparation consultancy, not a law firm. Requirements and fees change; check the linked USCIS pages before filing.
