EB2 Visa Approval Rates for STEM Jobs from FY 2018 to 2023

In January 2022, the U.S. Citizenship and Immigration Services (USCIS) revised its policy guidelines. The update clarifies the requirements for professionals in the science, technology, engineering, and mathematics (STEM) fields who are seeking to qualify for certain U.S. immigration benefits. These include the National Interest Waiver (NIW) under the employment-based second preference immigrant visa category (EB2) and the O-1A visa for individuals with extraordinary abilities.

This information sheet focuses on the latest trends and statistics in these visa categories for Fiscal Year (FY) 2022 and FY 2023, comparing the years before the policy was updated. Notably, there has been an increase in the number of EB-2 visa applications and the use of the National Interest Waiver from FY 2022 to FY 2023.

Updated USCIS Guidelines for EB2 Visa and National Interest Waivers

The updated policy guidance from the U.S. Citizenship and Immigration Services (USCIS) provides clearer instructions for certain foreign nationals who possess an advanced degree or exceptional ability. These individuals can now apply for the EB-2 employment-based immigrant visa on their own using Form I-140. Specifically, those applying for a National Interest Waiver (NIW) are allowed to bypass the usual requirements of having a job offer and obtaining a labor certification from the Department of Labor (DOL). This exemption is granted when it is determined that issuing a waiver serves the national interest of the United States.

The revised guidelines also explain how professionals in the fields of science, technology, engineering, and mathematics (STEM), as well as entrepreneurs, can prove they meet the criteria for this NIW. An important aspect of the application process, highlighted in the new policy, is the value of recommendation letters from governmental or semi-governmental organizations.

EB2 Applications Rise After Policy Update

Following the change in policy guidance, there was a notable increase in the number of EB-2 visa applications. Specifically, the total number of Form I-140 filings, including both those requiring waivers and those without, rose by 20 percent from 70,600 in Fiscal Year (FY) 2021 to 84,470 in FY 2022. This upward trend continued into the next fiscal year, with an additional 10 percent increase in receipts from FY 2022 to FY 2023.

Approval numbers also saw significant changes. There was a 60 percent jump in approvals, from 57,810 in FY 2021 to 92,280 in FY 2022. However, approvals saw a decrease of about 12 percent the following year, dropping to 81,380 in FY 2023. Despite these fluctuations, the approval rate for these applications remained high, consistently staying at or above 90 percent from FY 2018 through FY 2023.

Overall EB2 Applications Increased Despite a Decline in STEM Category Receipts

In the Fiscal Year (FY) 2023, there was a noticeable decrease in the total number of filings for STEM-related job categories, which dropped by almost 13 percent, from 61,790 in FY 2022 down to 53,960. In contrast, receipts for non-STEM job categories experienced a significant increase, rising by 28 percent during the same period.

Rise in National Interest Waiver Requests by EB2 Petitioners

There has been a growing trend among EB-2 petitioners in seeking a National Interest Waiver (NIW). While petitions without NIWs still constituted the majority, the proportion of I-140 filings requesting NIWs has been on the rise. From the Fiscal Year (FY) 2021 to FY 2022, the percentage of receipts with NIWs increased from 21 percent to 26 percent. This growth accelerated in the following fiscal year, jumping from 26 percent in FY 2022 to 43 percent in FY 2023.

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In terms of actual numbers, the increase in NIW petitions is striking. The count of petitions with NIWs nearly doubled, climbing from 21,990 in FY 2022 to 39,810 in FY 2023. Concurrently, the number of petitions filed without NIWs saw a decrease, moving from 62,490 to 53,200. This shift indicates a significant interest and reliance on the NIW route among EB-2 applicants.

EB2 Visa Category Trends: Analysis of Form I-140 Filings, Completions, and Approvals Across All Job Types

Fiscal Year	Receipts (Non-NIW)	Receipts (NIW)	Total Receipts	Completions (Non-NIW)	Completions (NIW)	Total Completions	Approvals (Non-NIW)	Approvals (NIW)	Total Approvals	Approval Rate
2018	61,610	8,320	69,930	65,640	8,880	74,510	63,950	8,070	72,010	97%
2019	65,710	12,510	78,220	72,270	7,390	79,660	70,940	6,610	77,550	97%
2020	53,280	14,310	67,590	52,770	10,520	63,290	51,880	8,920	60,800	96%
2021	55,990	14,610	70,600	48,760	11,210	59,970	48,170	9,650	57,820	96%
2022	62,490	21,990	84,480	74,380	21,230	95,610	73,180	19,090	92,270	97%
2023	53,200	39,810	93,010	50,230	39,840	90,070	49,630	31,750	81,380	90%

Key Insights:

• Overall Trends: Total receipts for EB-2 visas have shown variable trends over the years with a significant increase in FY 2023 due to a surge in NIW applications. The approval rates remained consistently high, although there was a noticeable drop in FY 2023.
• NIW Popularity: The data reveals a growing preference for National Interest Waiver applications, especially from FY 2021 to FY 2023, where NIW receipts nearly doubled.
• Approval Rates: Despite fluctuations in the number of applications and completions, the overall approval rates have remained robust, demonstrating a high level of success for applicants in this category.

EB2 Visa Category: Analysis of STEM Job Type Receipts, Approvals, and Denials Based on Form I-140 Filings

Fiscal Year	Receipts (Non-NIW)	Receipts (NIW)	Total Receipts	Approvals (Non-NIW)	Approvals (NIW)	Total Approvals	Denials (Non-NIW)	Denials (NIW)	Total Denials
2018	47,840	6,500	54,340	50,540	7,080	57,620	840	320	1,160
2019	49,850	9,260	59,100	54,360	5,600	59,960	670	320	990
2020	40,690	10,180	50,870	39,290	7,410	46,700	440	700	1,140
2021	43,640	9,440	53,070	37,950	7,670	45,620	360	610	970
2022	48,250	13,550	61,790	56,390	13,840	70,230	480	750	1,230
2023	33,010	20,950	53,960	35,910	21,240	57,150	280	2,120	2,400

Key Observations:

• Total Receipts: There has been a fluctuation in the total receipts for STEM job types over the years, with a notable decrease in 2023 following a peak in 2022.
• Approval Trends: Approval numbers generally show an upward trend especially for NIW cases, indicating a stronger preference or success rate for NIW applicants in STEM fields in recent years.
• Denials: Denials are relatively low compared to approvals, however, there is a marked increase in denials for NIW cases in 2023, suggesting heightened scrutiny or stricter standards for these applications.
• NIW Popularity: The increasing number of NIW receipts, especially a significant jump in 2023, highlights growing interest among STEM professionals to utilize this pathway, despite the higher number of denials in the same year.

This data provides useful insights into the dynamics of the EB-2 visa category for STEM professionals, reflecting changes in approval rates and the growing appeal of the NIW among this group.

EB-2 Visa Category: Analysis of Non-STEM Job Type Receipts, Approvals, and Denials Based on Form I-140 Filings

Fiscal Year	Receipts (Non-NIW)	Receipts (NIW)	Total Receipts	Approvals (Non-NIW)	Approvals (NIW)	Total Approvals	Denials (Non-NIW)	Denials (NIW)	Total Denials
2018	11,320	1,380	12,700	11,240	820	12,060	210	250	450
2019	11,120	2,540	13,660	12,440	790	13,230	160	230	390
2020	10,270	2,950	13,220	9,630	1,260	10,890	120	570	690
2021	10,820	3,340	14,160	9,450	1,650	11,100	100	690	790
2022	11,690	5,970	17,660	13,930	3,560	17,490	140	820	960
2023	10,880	11,810	22,690	11,390	7,510	18,900	110	3,920	4,030

Key Observations:

• Total Receipts: Receipts for Non-STEM job types saw a dramatic increase in 2023, particularly for NIW applicants, indicating a rising interest in this pathway among non-STEM professionals.
• Approval Trends: Despite fluctuations, there was a significant increase in total approvals from 2018 to 2022, with a noticeable surge in approvals for NIW applicants in recent years.
• Denials: The number of denials for NIW applicants notably increased in 2023, suggesting a tougher evaluation process or higher criteria for approval.
• NIW Popularity: The sharp increase in NIW receipts in 2023 underscores the growing attractiveness of this option among Non-STEM professionals seeking to bypass traditional visa requirements.

This data highlights the evolving landscape of EB-2 visa applications for non-STEM job types, particularly the changing dynamics in the approval and denial rates, and the increased preference for the National Interest Waiver.

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EB-2 Visa Category: Analysis of Receipts, Approvals, and Denials for Unknown Job Types Based on Form I-140 Filings

Fiscal Year	Receipts (Non-NIW)	Receipts (NIW)	Total Receipts	Approvals (Non-NIW)	Approvals (NIW)	Total Approvals	Denials (Non-NIW)	Denials (NIW)	Total Denials
2018	2,450	440	2,890	2,170	170	2,340	540	220	760
2019	4,740	720	5,460	4,140	220	4,360	480	220	700
2020	2,320	1,190	3,510	2,960	250	3,210	320	320	640
2021	1,530	1,830	3,360	770	330	1,100	130	270	400
2022	2,550	2,470	5,020	2,860	1,690	4,550	220	430	650
2023	9,310	7,040	16,350	2,320	3,000	5,320	140	2,010	2,150

Key Observations:

• Total Receipts: There has been a significant and inconsistent fluctuation in the total receipts for unknown job types over the years, with a particularly sharp increase in 2023. The numbers suggest a possible reclassification or reevaluation of certain job categories within the EB-2 visa framework.
• Approval Trends: Approval numbers vary greatly across the years. Notably, there was a dramatic drop in approval numbers in 2023 compared to the number of receipts, indicating potentially stricter assessment or higher scrutiny.
• Denials: The denial numbers in 2023 experienced a considerable rise, particularly for NIW applicants, underscoring increased challenges or stricter criteria for this subgroup.
• NIW Popularity: The increase in NIW receipts over the years highlights a trend toward choosing the NIW route, despite the risks of higher denial rates, especially evident in 2023.

This data provides insights into the evolving and complex nature of EB-2 visa applications involving unknown job types, highlighting trends that could influence policy adjustments and application strategies.

Source: USCIS