By Natalie McQuilkin 

Since its creation in 1990, the EB-2 National Interest Waiver (NIW) self-petition pathway has gone through many changes. This pathway was originally designed for exceptional professionals in STEM fields, but over time, it has encapsulated a wider range of highly skilled professionals in fields like healthcare, education, and more. As we analyze the FY2024 (fiscal year) data for EB-2 NIW applications, we see that this self-petition pathway is continuing to evolve based on the applications that were approved and denied. In this post, we’ll highlight the EB-2 NIW’s FY2024 trends and what you can expect in FY2025 to increase your likelihood of approval. 

Trends for EB-2 NIW approvals & denials in FY2024 

For years, EB-2 NIW self-petitions had an exceptionally high approval rate. In fact, 96% of EB-2 NIW applications were approved in FY2022. In FY2023, however, the approval rate dropped to 80%. Unfortunately, FY2024 did not see any improvement – in fact, approvals were the lowest they’ve ever been. U.S. Citizenship and Immigration Services (USCIS) received a total of 63,549 EB-2 NIW petitions in FY2024. Of these, 27,526 petitions, or 43% were approved, and 11,256 petitions, or 18%, were denied. There are still 44,093 petitions (69%) pending, creating a large backlog in EB-2 NIW petitions. It should be noted that percentages are based on the number of received petitions, so they do not total to 100% because there are pending cases from previous years. Still, this is a concerning drop in petition approvals.  

Why has there been a decrease in approvals? 

It’s important to note that USCIS received roughly 41,500 more EB-2 NIW petitions in FY2024 than in FY2022 – a 190% jump. As more people have submitted EB-2 NIW petitions, USCIS has become more rigorous in assessing these petitions by taking a closer look at applications to ensure that applicants either have an advanced degree plus five years of professional experience or that they have exceptional ability in the arts, sciences, or business. USCIS is also more closely scrutinizing the three prongs of the National Interest Waiver, which include the following: 

• Your work has substantial merit and is nationally important to the U.S.  

• You have the knowledge and ability to work in your role in the U.S.  

• It would be beneficial for the U.S. to waive typical requirements for other petitions, like job offer and labor certification, because it is evident your work will benefit the country  

Immigration experts believe that USCIS is looking at these prongs more closely because they want to ensure that the EB-2 NIW upholds its original requirements as more global talent submits petitions for this pathway. 

STEM-related petitions vs. non-STEM-related petitions 

Another potential reason for an increase in denials is caused by a changed in STEM-related petitions. In 2022, USCIS updated its guidelines for how to assess if STEM professionals uphold the prongs of the National Interest Waiver. Two years later, USCIS altered the EB-2 NIW guidelines to accommodate professionals in up-and-coming industries, such as renewable energy, artificial intelligence, and biotechnology. Trends reveal that USCIS has prioritized those in STEM fields, such as artificial intelligence, cybersecurity, renewable energy, and biotechnology. In fact, in FY2023, only 2,120 (10%) STEM-related EB-2 NIW applications were denied out of the 20,950 EB-2 NIW applications  submitted. Meanwhile, nearly 4,000 (33.2%) of the 11,810 non-STEM EB-2 NIW applications were denied in FY2023. 

Although those who do not have a STEM background can self-petition with the EB-2 NIW, it might be harder to prove the National Interest Waiver’s three prongs if you lack the necessary documentation, proposed endeavor, and arguments, especially with USCIS scrutinizing applications more heavily than before. In our blog post explaining what the EB-2 NIW is, we highlight that the EB-2 NIW requires self-petitioners to identify their “proposed endeavors,” or the specific plans for their career or proposed research, and how their work will benefit the United States. Someone with a STEM-related background may find it easier to establish how their work is of national importance than someone with a non-STEM background. Because USCIS is scrutinizing non-STEM applications more heavily, the petition might have a greater chance of getting denied. This means that it’s more important than ever to present rock-solid evidence and arguments.  

What can we expect looking ahead in 2025? 

The future of EB-2 NIW petitions is still evolving. On January 15, 2025, USCIS leadership announced that they are updating their policy guidance and will be looking more closely at each application. The agency explained that it will “determine the relationship of exceptional ability to the proposed endeavor on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.”  The upside to this is that you can hone your arguments using your own past experience and plans for proposed endeavors. A drawback is that USCIS might be more skeptical of your proposed endeavor and supporting evidence. Moreover, with President Trump now in office, there is a chance that the EB-2 NIW could change even more and have even stricter criteria, which could affect industry and STEM cases.  

How can I increase my chances of getting my EB-2 NIW approved? 

Although there has been an increase in EB-2 NIW denials in the past fiscal year, this should not discourage you. This just means that it’s important, now more than ever, to create a thorough application that covers all areas that USCIS might question when reviewing your petition. You should be specific in your proposed endeavor, identify how your endeavor is nationally important, and provide ample documents highlighting your past and current accomplishments to ensure you meet all three prongs of the National Interest Waiver. 

However, you don’t have to bear the stress of self-petitioning alone. Eagan’s senior business attorney, Hannah Whaley, has a game plan to create high-quality, comprehensive applications for each of her clients pursuing the EB-2 NIW. She is proactive in gathering all the necessary documentation for your petition and uses creative arguments to accommodate USCIS standards.  

If you’re interested in self-petitioning with the EB-2 NIW and starting a life in the United States, contact Attorney Whaley today by clicking this link or calling our office at (202) 709-6439. 

References 

Amir Ismail, EB-2 NIW Visa Trends: Navigating  a Challenging Landscape in 2025, Canadian Immigration Updates, LinkedIn, (Dec. 12, 2024), https://www.linkedin.com/pulse/eb-2-niw-visa-trends-navigating-challenging-landscape-amir-ismail-zqyuc/, (last visited: Jan. 16, 2025). 

Form I-140 Immigrant Petition for Alien Worker by Fiscal Year, Quarter, and Case Status – Fiscal Year 2024, (Q1-Q4), USCIS, (Nov. 2024), https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.uscis.gov%2Fsites%2Fdefault%2Ffiles%2Fdocument%2Fdata%2Fi140_fy2024_q4.xlsx&wdOrigin=BROWSELINK.  

2024 EB-2 NIW approvals and denials: key insights and trends, Self-Petition USA, (Jan. 5, 2025), https://www.selfpetitionusa.com/blog/2024-eb-2-niw-approvals-and-denials-key-insights-and-trends, (last visited: Jan. 16, 2025).  

Form I-140 Immigrant Petition for Alien Worker by Fiscal Year, Quarter, and Case Status – Fiscal Year 2023, (Q1-Q4), USCIS, (Oct. 2023), https://www.uscis.gov/sites/default/files/document/data/i-140_fy23_q4.pdf.  

Form I-140 Immigrant Petition for Alien Worker by Fiscal Year, Quarter, and Case Status – Fiscal Year 2022, (Q1-Q4), USCIS, (Aug. 2022), Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 3rd Quarter, Apr. 1 – Jun. 30, 2022). 

STEM-Related Petition Trends: EB-2 and O-1A Categories FY2017 – FY2023, USCIS, pg. 4-5, https://www.uscis.gov/sites/default/files/document/reports/stem_related_petition_trends_eb2_and_o1a_categories_factsheet_fy23.pdf.  

Green and Spiegel, Bolstering STEM Talent with the National Interest Waiver: How A 2022 Update Streamlines The Green Card Process, Mondaq, (Jul. 19, 2024), https://www.mondaq.com/unitedstates/general-immigration/1527428/bolstering-stem-talent-with-the-national-interest-waiver-how-a-2022-update-streamlines-the-green-card-process, (Jan. 16, 2025). 

Creimerman Product Team, Recent Updates for the EB-2 NIW Visa: An Overview for 2024, Creimerman Law, (Jul. 23, 2024), https://www.creimermanlaw.com/post/recent-updates-on-the-eb-2-niw-visa-an-overview-for-2024, (last visited: Jan. 21, 2025).  

Victoria Robinson, How the EB-2 NIW Has Changed Over the Years – And What It Means for You, Veripass, (Nov. 11, 2024), https://blog.veripass.org/how-the-eb-2-niw-has-changed-over-the-years/, (last visited: Jan. 21, 2025). 

USCIS Updates Guidance on EB-2 National Interest Waiver Petitions, USCIS, (Jan. 15, 2025), https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-eb-2-national-interest-waiver-petitions, (last visited: Jan. 21, 2025). 

Helen Partlow, Navigating the Road Ahead: The Future of EB-2 NIW and EB-1A Under a Trump Administration, LinkedIn, (Nov. 10, 2024), https://www.linkedin.com/pulse/navigating-road-ahead-future-eb-2-niw-eb-1a-under-trump-helen-partlow-zuqoe/, (last visited: Jan. 21, 2025).