EB-1A, EB-2 NIW and O-1 approval rates: what the official USCIS data shows

What share of EB-1A, EB-2 NIW and O-1 petitions does USCIS approve? Its own published data gives a partial answer. For the first three quarters of fiscal year 2026, which ran from October 1, 2025 to June 30, 2026, USCIS approved 40.7 percent of the EB-1A petitions it decided and 49.1 percent of NIW petitions. For all O petitions, the category that includes the O-1, the figure was 91.0 percent. This guide shows the numbers by quarter, explains exactly how they are calculated, and sets out what they cannot tell you. Green Card Guide publishes no approval rate of its own.

Where does the official data come from?

All figures here come from USCIS's Immigration and Citizenship Data page, which lists quarterly spreadsheets. The latest set when we checked was fiscal year 2026, quarter 3 (April to June 2026). The federal fiscal year starts on October 1, so quarter 1 is October to December. We used four files. The two fiscal year 2025 files are the quarter 4 editions, which cover the whole of fiscal year 2025 and are still listed on the same data page:

Form I-140 is the immigrant petition used for EB-1 and EB-2. In the I-140 file, USCIS splits EB-1 into "Alien of Extraordinary Ability (E11)", which is EB-1A, "Outstanding Professor or Researcher (E12)", which is EB-1B, and "Multi-national Executive or Manager (E13)", which is EB-1C. The NIW has its own row. Our comparison of EB-1A, EB-1B and EB-1C explains the three.

How is the approval rate calculated?

We divide approvals by approvals plus denials for the same period. Pending cases are left out, because they have no outcome yet. USCIS defines the counts in its footnotes. Approved means "The number of applications approved during the reporting period", and denied is defined the same way (Form I-140, FY 2026 Q3 file).

Three points follow from USCIS's own notes:

• A decision in one quarter may be on a petition filed in an earlier quarter. USCIS notes: "Some applications approved, denied, or pending a decision may have been received in previous reporting periods."
• Counts are of petitions, not people. USCIS notes that the I-140 report "could contain multiple petitions for a single individual."
• Counts can change in later files, because USCIS notes they "may differ from previous periods due to system updates and post adjudicative outcomes."

For O petitions, the I-129 file already shows an "Approved (%)" column, which USCIS defines as approvals out of total completions, and total completions as approvals plus denials. That is the same method, and our quarterly figures add up the monthly counts. In the I-129 file, USCIS counts only initial decisions: its footnotes say later actions such as revocations and remands are excluded.

What is the EB-1A approval rate in 2026?

In the first three quarters of fiscal year 2026, USCIS approved 5,232 EB-1A petitions and denied 7,620, a rate of 40.7 percent. The quarterly rate fell in each quarter shown.

At the end of June 2026, 28,874 EB-1A petitions were pending, and USCIS received 6,036 in the third quarter alone (Form I-140, FY 2026 Q3 file). The data does not say why the rate fell. Our posts on the final merits determination and common EB-1A RFE reasons explain how officers decide these cases. For timing, see our EB-1A processing times page.

What is the EB-2 NIW approval rate?

For fiscal year 2026 through June, USCIS approved 9,238 NIW petitions and denied 9,585, a rate of 49.1 percent. Unlike EB-1A, the NIW rate rose across the three 2026 quarters, after a low point in the last quarter of fiscal year 2025.

The NIW backlog is large: 96,297 petitions were pending at the end of June 2026 (Form I-140, FY 2026 Q3 file). See our NIW processing times page for current timing.

What about EB-1B and EB-1C?

Both have much higher rates in this data. USCIS labels them "Outstanding Professor or Researcher (E12)" and "Multi-national Executive or Manager (E13)", and their rates were about 93 percent or higher in every quarter in these files, from FY 2025 Q1 to FY 2026 Q3 (EB-1B was lowest, at 93.0 percent in FY 2026 Q3).

Different classifications have different legal tests, so these rates are not a reason to choose one over another.

What is the O-1 approval rate?

USCIS does not publish a separate O-1 figure in this data. Its I-129 dataset has one sheet for "Individuals with Extraordinary Ability or Achievement and Essential Support Personnel (O)". That covers the O-1A, the O-1B and the O-2 support visa together, and USCIS notes that the I-129 reports "include all I-129 receipts including both initial and extension filings" (Nonimmigrant Worker Petitions, FY 2026 Q3 file).

This file also counts requests for evidence. An RFE is a written request from USCIS for more documents before it decides. In fiscal year 2026 through June, 24.2 percent of completed O petitions had an RFE, up from 19.7 percent in fiscal year 2025, according to the same files.

What can these numbers not tell you?

Read these rates as a description of past decisions, not a forecast:

• They are not your odds. A rate across thousands of petitions says nothing about whether your evidence meets the criteria.
• The I-140 file shows no RFEs. It does not show how many approvals came after an RFE or a notice of intent to deny.
• No split by who filed. None of these files separates petitions prepared by attorneys from self-petitions, or shows field or premium processing.
• No approval rate by country. The I-140 file counts receipts and approvals by country of birth for the latest quarter, but not denials, so it gives no rate by country.
• No reasons. The data does not explain why rates changed between quarters.
• O-1 is mixed in. The O figures combine O-1A, O-1B and O-2, and initial petitions with extensions.

What this means in practice: the best use of this data is context. A strong, well-documented record matters more than any average. If you receive an RFE, our guide on responding to an RFE covers the deadlines, and if a petition is denied, see your options after an I-140 denial.

Where to start

Green Card Guide never quotes an approval rate for itself, and no one can promise an outcome. What you can control is the strength of your record. Start with the free evaluation: upload your resume, with no account or card, and see where you stand against the EB-1A, NIW and O-1 criteria.

If you are short, Frank finds real opportunities, such as judging panels, awards, memberships and calls for speakers, and helps you capture the proof. Frank Starter is $49 a month with a 7-day free trial. Filings are prepared by licensed attorneys at an independent partner firm: EB-2 NIW from $7,995, EB-1A from $8,995 and O-1 from $6,999, with USCIS fees separate. Green Card Guide is not a law firm, and this post is not legal advice.

Sources

All checked October 11, 2026.

• USCIS, Immigration and Citizenship Data. The quarterly data library and the FY 2026 Q3 dataset list.
• USCIS, Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2026, Quarter 3). EB-1A, EB-1B, EB-1C and NIW counts for FY 2026 Q1 to Q3, pending counts and footnotes (queried 07/2026).
• USCIS, Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2025, Quarter 4 file). FY 2025 counts (queried 10/2025).
• USCIS, Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2026, Quarter 3). O petition counts and RFEs, October 2025 to June 2026 (queried 07/2026).
• USCIS, Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2025, Quarter 4 file). O petition counts and RFEs for FY 2025, October 2024 to September 2025 (queried 10/2025).

Frequently asked questions

Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.