I-140 Approval Rate Explorer
Real USCIS quarterly data reveals which EB categories get approved — and which face the toughest odds. Explore approval rates, trends, and what they mean for your green card strategy.
Select EB Category
EB-1A (Extraordinary Ability) — FY2026 Q3
Approval Rate
32.2%
Received
6,036
Approved
1,348
Denied
2,832
Quarterly Trend (FY2026)
📉 Trend: -15.3pp declining since Q1
Pending: 28,874 cases awaiting decision
Compare Categories
EB-1A (Extraordinary Ability)
32.2%
6,036 received · 2,832 denied
EB-2 NIW (National Interest Waiver)
55.3%
13,831 received · 3,103 denied
Difference: 23.1pp EB-2 NIW (National Interest Waiver) has the higher approval rate
All Categories — FY2026 Q3 Overview
Source: USCIS Form I-140 quarterly data, FY2026 Q3. Approval rate = approved ÷ (approved + denied).
Understanding I-140 Approval Rates: What the Data Really Tells You
While most guides focus on how long I-140 takes (see our I-140 processing time guide for timelines), this explorer answers a different question: how likely is your I-140 to be approved? The answer varies dramatically by category — from 32% to 97%.
🔴 Why EB-1A Has Only a 32.2% Approval Rate
EB-1A (Extraordinary Ability) is self-petitioned — no employer, no PERM, no job offer required. That freedom comes with the highest evidentiary bar in employment-based immigration. USCIS officers evaluate whether you meet at least 3 of 10 regulatory criteria (major awards, published material, original contributions, etc.) AND whether you are truly at the top of your field. In FY2026 Q3 alone, USCIS denied 2,832 EB-1A petitions — more denials than any other subcategory.
Strategy implication: Do not file EB-1A unless your evidence package is genuinely strong. A denial wastes months and filing fees. Consider EB-2 NIW as an alternative self-petition route with a higher (and improving) approval rate.
📈 EB-2 NIW: The Improving Bet (55.3% and Rising)
The National Interest Waiver approval rate climbed from 42.5% in FY2026 Q1 to 55.3% in Q3 — a significant improvement. This likely reflects USCIS providing clearer adjudication guidance on the three-prong Dhanasar framework. For researchers, entrepreneurs, and professionals whose work has national importance, NIW remains the most accessible self-petition path.
Strategy implication: If you are deciding between EB-1A and EB-2 NIW, the data favors NIW for most applicants unless your EB-1A credentials are exceptional.
🟢 Why Employer-Sponsored Categories Exceed 96%
EB-1C (97.4%), EB-2 PERM (97.4%), and EB-3 (96.2%) dominate approval rates because the hardest vetting already happened: the PERM labor certification process (for EB-2/EB-3) or the multinational executive relationship documentation (for EB-1C). By the time USCIS sees the I-140, DOL or the corporate structure has already validated the core claim.
Strategy implication: If your employer will sponsor you through PERM, the I-140 stage is very likely to succeed. The real wait is the PERM timeline and the Visa Bulletin queue — not I-140 adjudication risk.
💡 How to Use This Data
Choosing a category
Compare approval rates before deciding between EB-1A, EB-2 NIW, or employer-sponsored routes.
Setting expectations
A 32% EB-1A rate means most applicants need a backup plan.
Timing your filing
Rising NIW rates suggest now is a relatively favorable window.
Evaluating RFE risk
Low approval rate categories face more Requests for Evidence — budget extra time.
Data Methodology
Approval rate = approved ÷ (approved + denied). Pending cases are excluded. Data sourced from USCIS Form I-140 quarterly reports (FY2026 Q1–Q3), downloaded from the USCIS Immigration and Citizenship Data page and analyzed by VisaTalentUSA. Updated quarterly.