EB-2 NIW: STEM vs. Non-STEM Approval Rates in Focus

The Employment-Based Second Preference with National Interest Waiver, known as EB-2 NIW, has become one of the most sought-after pathways for qualified professionals seeking to obtain a green card without a job offer or labor certification. The question that comes up most often in forums, consultations, and webinars is simple: who has a higher chance of approval — candidates from STEM fields or non-STEM fields? The answer requires looking at official figures published by the USCIS and understanding what those numbers reveal — and what they leave out.

The USCIS released a detailed report on EB-2 and O-1A petition trends in STEM occupations, comparing receipts, approvals, and denials across fiscal years 2018 through 2023. The document is the most comprehensive official reference available and remains the foundation for comparative analysis between the two groups. This article breaks down the report’s findings, updates administrative fees for 2026, and provides a realistic assessment of what these figures mean for those preparing their petitions today.

What the USCIS Report Reveals

The STEM category covers occupations in science, technology, engineering, and mathematics, aligned with the official Department of Homeland Security list. The non-STEM category encompasses professions in healthcare, finance, management, education, arts, and other fields. The distinction is not trivial: the USCIS applies the same three-prong standard established in the precedent Matter of Dhanasar, but the evidence required to demonstrate national interest varies significantly between the two groups.

Between fiscal years 2021 and 2023, total Form I-140 receipts in the EB-2 category — NIW and non-NIW combined — jumped from 70,600 to more than 92,000, representing substantial growth. Combined approvals followed a similar trajectory: they rose approximately 60% between FY 2021 and FY 2022, reaching 92,280 approvals, then declined approximately 12% in FY 2023, closing at 81,380. Despite this fluctuation, the combined approval rate remained above 90% throughout all years analyzed.

STEM: Numerical Dominance and High Approval Rates

The STEM segment accounts for the largest share of EB-2 NIW petitions. In FY 2023, approximately 53,960 combined petitions were filed in STEM occupations. Within that universe, NIW petitions jumped to 23,400, up from 14,600 in FY 2022 — nearly double in just one fiscal year.

The STEM NIW approval rate ranged between 91% and 96% from 2018 to 2023. In FY 2023, it stood at 91%, slightly below prior years, likely reflecting the sharp increase in volume and the entry of candidates with less consolidated profiles. EB-2 STEM petitions without NIW — that is, with employer-sponsored labor certification — maintained approval rates above 98% throughout the entire period, a level of predictability rarely matched in other categories.

Non-STEM: Lower Volume, More Variable Approval

The non-STEM segment grew proportionally faster, but from a very low base. NIW petitions in non-STEM occupations jumped from 4,400 in FY 2022 to 11,400 in FY 2023, reflecting a wave of applications in fields such as healthcare, education, finance, and management.

The non-STEM NIW approval rate, however, is significantly lower. In more challenging years (FY 2020, FY 2021, and FY 2023), it ranged from 66% to 71%. In stronger years (FY 2018, FY 2019, and FY 2022), it fluctuated between 77% and 81%. The gap compared to the STEM segment exceeds 20 percentage points in some periods, representing the greatest numerical challenge for professionals outside the exact sciences and technology fields.

Why the Gap Between STEM and Non-STEM Exists

Several factors contribute to the disparity. The first is regulatory: in January 2022, the USCIS issued specific guidance granting additional weight to endeavors in critical STEM areas, especially those aligned with national priorities such as artificial intelligence, quantum computing, semiconductors, biotechnology, clean energy, and cybersecurity. This policy update created a clearer pathway for examiners to evaluate the second prong of Dhanasar — the petitioner’s position to advance the endeavor.

The second factor is evidentiary. STEM professionals tend to accumulate peer-reviewed publications, patents, citations in technical literature, and participation in federally funded projects — all elements that the USCIS recognizes as objective demonstrations of substantial merit. Non-STEM professions frequently rely on more qualitative evidence: impact testimonials, market metrics, industry recognition, and media coverage, which require a more elaborate narrative to persuade the examiner.

The third factor is the reviewing officer’s profile. EB-2 NIW analysis is discretionary within the Dhanasar framework, and the inherent subjectivity means that the same profile can receive different decisions at different service centers. The Texas and Nebraska Service Centers both process these petitions, and there are documented variations in RFE and approval patterns between them.

Current EB-2 NIW Fees in 2026

The USCIS fee schedule was updated on April 1, 2024, and remains in effect. For an EB-2 NIW petition (self-petitioned), the main fees are:

• Form I-140 filing fee: US$ 715
• Asylum Program Fee: US$ 600 for employers with more than 25 employees, US$ 300 for small businesses, and US$ 0 for nonprofit organizations. For self-petitioned cases, the standard full amount applies.
• Optional premium processing: US$ 2,805, with a 45-calendar-day processing window.

These amounts should be confirmed at the time of filing directly on the USCIS Fee Schedule, which may be adjusted at any time by federal regulation.

What These Numbers Mean for Your Strategy

For STEM candidates, the outlook is encouraging: the statistical probability of approval ranges from 91% to 96%, provided the petition correctly articulates all three prongs and presents consistent evidence. The greater risk is assuming the technical profile speaks for itself — examiners still require an explicit narrative connecting the candidate’s work to specific national interests, not generalities about technology.

For non-STEM candidates, the strategy must be more sophisticated. With an approval rate that can fall below 70%, it is essential to build a case that demonstrates measurable impact, alignment with documented federal priorities (public health, food security, critical infrastructure, educational equity), and robust evidence that the petitioner is well positioned to execute the proposed endeavor.

Critical Points for Any Profile

• Proposed endeavor: must be specific, not generic. “Advancing AI research” is weak; “developing real-time fraud detection techniques for American financial systems” is strong.
• National importance: connect the endeavor to official documents — National Strategy, executive orders, congressional reports, federal agency initiatives.
• Position to advance: demonstrate track record, resources, network, and an executable plan — not just credentials.
• Factor balancing: argue why waiving the job offer and labor certification benefits the United States in the specific case.

Trends for the Coming Cycles

The growing volume of NIW petitions is placing pressure on service centers and will likely keep approval rates slightly below early-decade levels. There are also indications of an increase in RFEs for non-STEM cases, demanding upfront preparation of substantive evidence at the initial filing stage.

For professionals preparing now, the practical recommendation is to treat the petition as a judicial proof exercise: every claim must be supported by a document, metric, or verifiable reference. The difference between a straight approval and an RFE — or worse, a denial — almost always lies in the quality of the evidence presented, not the field of work itself.

The STEM versus non-STEM breakdown reveals relevant trends, but does not determine individual outcomes. Each petition is evaluated on its own merits under the Dhanasar framework, and non-STEM candidates with well-constructed cases continue to be approved in every fiscal year analyzed. Statistics inform strategy; they do not replace execution.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.