EB-1A and NIW Approval Rates Stabilizing in February 2026

According to data compiled by Lawfully from hundreds of real-time case outcomes, EB-1A and EB-2 NIW petition approval rates appear to be stabilizing after a period of decline. The EB-1A I-140 approval rate for regularly processed petitions reached 43% in February 2026, a notable recovery from the low of 31% recorded in September 2025. Lawfully's platform aggregates user-reported case decisions, offering a crowdsourced view into how USCIS is currently adjudicating priority worker and national interest waiver petitions. While not an official government dataset, the volume of cases tracked provides a meaningful real-world signal for applicants and practitioners monitoring adjudication trends. The EB-2 NIW category, which allows professionals with advanced degrees or exceptional ability to self-petition if their work is deemed in the national interest, was also included in the February update. Specific approval rate figures for NIW were not fully disclosed in the available excerpt, but the overall tone suggests a similar stabilizing pattern. For EB-3 applicants considering upgrading to EB-1A or EB-2 NIW classifications, these trend improvements may be relevant when evaluating petition timing and strategy. A rising approval rate environment can signal more favorable adjudication standards or reduced Request for Evidence (RFE) scrutiny.