Visa—Dec 14, 2024

Analysis of EB-2 NIW Approval Rates and Timescales

EasyEB2.com
ByEasyEB2.com
EB-2 NIW Expert

Approval Rates Overview

By Profession:
  • STEM: Historically strong approval rates. In 2018, STEM fields had a 95% approval rate, decreasing slightly to 90% by 2023. These encouraging numbers reflect STEM's perceived national interest value, with over 21,000 approvals in 2023 [3].
  • Non-STEM: More challenging with approval rates dropping from 76% in 2018 to 65% in 2023, indicating the need for well-documented cases to demonstrate national interest [3].
General Trends:
  • Overall approval has seen a decline from around 88.8% in 2022 to 72% in the last quarter of 2023 [5]. The trend suggests increasing scrutiny or possibly more submissions of weaker applications.

Approval Rates by Origin

While specific data on approval rates by origin is sparse, countries such as China and India lead in the number of approvals, reflective of the high volume of petitions from these regions [4].

Processing Times

  • I-140 Processing: Historically ranged from 10.5 to 26.5 months using standard processing. Premium processing introduced in 2023 can expedite this to 45 days, offering applicants quicker resolution at a cost [3].
  • I-485 Processing: Times vary widely; within the U.S., it exceeds two years, while abroad, it spans 4-6 months, reflecting processing backlogs and case complexities [2][3].
  • Overall Timeline: The complete EB-2 NIW process can take several months to several years, contingent on variables such as location and documentation readiness [1][2][3].

Cost Considerations

  • Filing fees for I-140 are $700, plus potential legal fees ranging from $5,000 to $20,000 depending on case complexity. Premium processing adds $2,805 if selected [3].
  • Adjusting from within the U.S. includes additional costs for I-485 processing ($1,440 per applicant) and biometrics [3][5].

Industry-Specific Observations

Higher success in STEM, public health, and roles with unique skills is noted, emphasizing the need for applicants to present strong evidence of national importance [1][3]. Recent downturns, with reported approval rates dropping to 68% in 2024, Quarter 3, point to increased scrutiny or less compelling cases being filed [1][3].

Impact of Policy Changes

  • The Trump administration's policies increased scrutiny and the issuance of RFEs, reducing approval rates and prolonging processing times. Though these policies have been easing, the remnants affect current adjudication processes [3].
  • Encouraged adaptations include comprehensive evidence gathering and securing endorsements [3].

Conclusion

In summary, EB-2 NIW approval rates and processing times present varied challenges based on profession, country of origin, and policy influences. Applicants should focus on strong evidence and potential premium processing options to manage expectations and timelines effectively.

Citations

  1. https://www.wegreened.com/niw/Frequently-Asked-Questions
  2. https://www.boundless.com/immigration-resources/eb2-niw-explained/
  3. https://legalservicesincorporated.com/immigration/national-interest-waiver/national-interest-waiver-niw-approval-rates-for-stem-and-non-stem-jobs-why-non-stem-applicants-need-a-strong-case/
  4. https://eb2niw.info/2024/09/02/fiscal-year-2024-quarter-3-approval-data/
  5. https://eb2niw.info/2024/01/24/eb2-niw-approval-rates-are-going-down/