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Stats and trends

Updated: Author: Alina Kanametova

Which criteria USCIS challenges most, the main reasons for RFEs/denials, and a snapshot of successful community cases. Source - real AAO decisions and anonymized cases.

AAO decisions are appeals (mostly denials). So the numbers below show what gets challenged and why, not the odds of your case being approved.

Official USCIS figures, FY2026, first 3 quarters

Share of decisions that were denials, by category. From USCIS quarterly case-status releases - the agency’s own data, not our sample.

CategoryApprovedDeniedDenial shareEarlier: FY2024 · FY2025
EB-1A, extraordinary ability5,2327,62059.3%27.8% → 33.1%
EB-1B, outstanding professor or researcher4,2792816.2%2.0% → 2.2%
EB-1C, multinational executive or manager9,4212752.8%3.8% → 2.9%
EB-2 NIW, national interest waiver9,2389,58550.9%29.0% → 44.8%
EB-2, advanced degree38,8351,2583.1%3.5% → 2.1%
All I-140 categories132,86920,69513.5%11.2% → 14.0%

Read this carefully: approvals and denials are counted in the quarter the decision was issued, not the quarter the petition was filed - adjudication lags filing, often by more than a year. So this is the share of DECISIONS that were denials, not the share of filings that get denied. The current row covers FY2026, first 3 quarters, not a full year. Source: USCIS quarterly Form I-140 case-status data (public domain).

The queue, quarter by quarter (FY2026, first 3 quarters)

Petitions still pending at the end of each quarter, and how many quarters of work that was at that quarter’s own decision rate. USCIS’s own figures.

CategoryQ1Q2Q3Queue, quarters
EB-1A, extraordinary ability24,78527,12628,8746.9
EB-1B, outstanding professor or researcher2,2331,9101,6871.1
EB-1C, multinational executive or manager12,63612,84712,6573.4
EB-2 NIW, national interest waiver82,93589,30796,29713.9
EB-2, advanced degree5,1725,2398,6440.7

What this is not: a waiting time. "Pending" is how many petitions were still open at the end of the quarter, and the last column divides that by the decisions issued in the same quarter - so it says how deep the queue was at that rate, not how long your own case will take. USCIS does not adjudicate strictly in order, premium processing sits outside this entirely, and the rate itself moves from quarter to quarter. Source: USCIS quarterly Form I-140 case-status data (public domain).

Based on: USCIS quarterly Form I-140 data, by quarter of decision · updated Sep 12, 2026 · USCIS: published immigration and citizenship data

Which criteria get challenged most

  • Original contribution108
    plain language not metNo major significanceThe contribution appears unoriginal
  • Leading role98
    elements of the criterion are not coveredno specific examples of impactthe role is not proven to be leading or critical
  • Media about you94
    Not about the applicant and their workMedia level not provenNo title/date/author
  • Memberships94
    No requirement for outstanding achievementsOrdinary admission criteriaThe association was not proven to be field-specific
  • Awards85
    Local-level awardNo award criteriaRecognition of excellence not proven
  • High remuneration70
    no comparison to the fieldboth elements are not provenaverage salaries are not enough
  • Authorship61
    Scientific nature of the articles not provenIncomplete evidence recordNo evidence for the criterion
  • Judging43
    plain language not metno competition detailsspeaking engagements are not the same as judging
  • Exhibitions17
    social media not persuasiveno display of the worksevent is not an exhibition
Open the database of real decisions The full AAO analytics with methodology

Successful cases snapshot

117 anonymized stories: which visas and how often an RFE came up.

83
EB-1A
23
EB-2 NIW
4
O-1
Share of cases that got a request for evidence (RFE): 28%. An RFE is not a denial; it is important to answer it fully and on time.

Using this data?

Feel free to cite with attribution: "EB-1A AAO appeal decisions database, uscis.love" - uscis.love/ru/decisions.

This is reference pattern analytics, not legal advice and not a prediction of a USCIS decision.