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Success Rates for NIW Petitions: Why Applications Are Facing Greater Scrutiny

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The National Interest Waiver (NIW) has become an increasingly popular path for individuals seeking a green card through the EB-2 category. However, as the number of petitions has surged, the approval rates have declined, reflecting a more stringent review process. Here’s a closer look at the recent trends in NIW petitions and what it means for applicants.

Rising Number of NIW Petitions

In recent years, the number of NIW petitions has grown significantly. In 2018, there were about 8,000 petitions filed, with 8,070 approvals and 790 denials, translating to an impressive 91% approval rate. However, by 2023, the landscape changed dramatically with over 39,000 petitions filed.

Of these, approximately 31,750 NIW applications were approved, while 8,050 were denied, resulting in a 79% approval rate. The sharp increase in filings has led to greater scrutiny of each application, making it more challenging for petitioners to secure approval.

Challenges for Non-STEM Job Categories

While the overall approval rate has dropped, the success rate for non-STEM job categories has been particularly low. In 2023, the approval rate for non-STEM NIW cases was around 65%, significantly lower than the average for STEM applicants. This means that professionals in fields like economics, marketing, law, or business may face additional hurdles in proving the national importance of their work.

Why a Strong Legal Strategy Matters

Given the increasing scrutiny of NIW applications, working with a skilled immigration attorney can make a substantial difference in your petition’s outcome. A lawyer with experience in NIW cases can:

  • Strategically highlight the aspects of your application that best demonstrate national importance.
  • Tailor your documentation to align with current standards and expectations from immigration authorities.
  • Identify and address weaknesses in your petition before submission, improving your chances of success.

Having a well-prepared petition can help ensure that your extraordinary abilities and contributions stand out amidst the growing number of applications, increasing the likelihood of approval.

Conclusion

As the number of NIW applications has surged, the approval rate has declined, making the process more challenging. For those in non-STEM fields, the hurdles can be even greater. To maximize your chances of success, consider working with a knowledgeable immigration attorney who can craft a strategic, well-documented case.

If you’re ready to apply for an NIW or want to strengthen your petition, schedule a consultation with us for expert guidance and support.

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This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

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