EB-1A and NIW Approvals Are Getting Harder in 2026: What Changed in USCIS Review

According to USCIS's first-quarter Fiscal Year 2026 statistics, the approval rate was approximately 47.5% for EB-1A and 42.6% for NIW.

A decline in the overall approval rate does not necessarily mean that every applicant's chance of approval has decreased. Similar to college admission rates, a lower approval rate may simply reflect an increase in the number of petitions filed or a change in the overall applicant pool.

At the same time, many immigration practitioners have observed that USCIS is reviewing evidence more closely than in previous years. While there is no indication that the statutory or regulatory standards for EB-1A or NIW have changed, the evidentiary expectations appear to have become more demanding in practice.

Today's successful petitions do more than demonstrate that an applicant is accomplished. They present objective, well-organized evidence showing that the applicant's work has made a meaningful contribution beyond a single employer and has influenced the broader field.