Immigration advisory firms routinely cite approval rates without context. Burlington Consult believes professionals considering an EB-1A or NIW petition deserve a clear-eyed assessment of the current adjudication environment — not marketing numbers stripped of their meaning.
This article presents the data as it stands in early 2026, explains what the numbers actually indicate, and identifies what matters for filing strategy.
The headline numbers
As of February 2026, EB-1A approval rates are running at approximately 43 percent across all petitions filed nationally. EB-2 NIW approval rates are at approximately 41 percent. These figures are drawn from Lawfully tracking data and the Manifest Law February 2026 analysis.
These numbers mean that fewer than half of all EB-1A and NIW petitions filed nationally result in approval. The remaining petitions are either denied, receive a Request for Evidence, or are abandoned. This is not a high success rate — and any advisory firm presenting EB-1A or NIW as an easy pathway is misrepresenting the adjudication environment.
RFE issuance rates
Request for Evidence issuance rates are running at 41 to 49 percent for both EB-1A and NIW petitions in early 2026. This means that roughly half of all petitions — including many that are ultimately approved — receive at least one RFE during the review process.
An RFE is not a denial. It is a request for additional documentation or clarification. The outcome depends entirely on the quality of the response. Unfavourable outcomes arise most often not from weak underlying records but from inadequate or misdirected RFE responses — responses that fail to address the specific concern raised by the adjudicator.
Why the national average is misleading
The 43 percent approval rate is a national average across all petitioners — including self-prepared filings, filings by general-practice attorneys with no EB-1A specialisation, and filings by dedicated immigration advisory firms. The quality variance across these categories is enormous.
Self-prepared petitions — filed without professional case architecture — have significantly lower approval rates than professionally prepared petitions. The most common failure points are field of endeavour construction (for NIW), criterion mapping (for EB-1A), and evidence presentation. These are not evidence problems — they are framing problems. The petitioner may have a strong record but presents it in a way that does not satisfy the specific USCIS standard.
Processing times
Standard I-140 processing is currently running at 20 to 22 months from receipt to decision. This is the timeline without premium processing. During this period, the petition is substantively reviewed, and RFEs may be issued at any point.
Premium processing via Form I-907 provides a decision within 15 business days on the I-140, at an additional government fee of $2,965 payable directly to USCIS. Burlington Consult advises on whether premium processing is appropriate in each case — it is not always the right choice, particularly when additional evidence development time would strengthen the petition.
The processing hold
USCIS Policy Memorandum PM-602-0194, effective January 1, 2026, placed a hold on final adjudication of certain benefit requests for nationals of travel restriction countries, including Nigeria. USCIS has confirmed that processing continues up to the point of final adjudication and that Requests for Evidence are being actively issued — confirming substantive case engagement.
Legal challenges to the hold are proceeding in federal court. The priority date is established on the day USCIS receives the I-140, not on the date of final approval. Filing now establishes the queue position regardless of when the hold is resolved.
What the numbers mean for filing strategy
The data supports three conclusions. First, professional case architecture materially improves outcomes — the gap between the national average and well-prepared petitions is significant. Second, RFE preparation is not optional — with issuance rates near 50 percent, every petition should be filed with RFE response strategy already developed. Third, timing matters — every month of delay extends the processing timeline by the same period, and proposed regulatory changes would raise the bar for future filings.
Burlington Consult includes a twelve-month RFE and NOID support retainer in every engagement at no additional charge. This retainer covers drafting response strategies, reviewing supplemental evidence, and advising on the most effective response position for any USCIS communication received during the review period.