USCIS Approval Rates Have Shifted Dramatically in 2025
USCIS Approval Rates Have Shifted Dramatically in 2025

Immigration Data & Trends

Immigration Data & Trends

EB-2 NIW dropped from 80% to 54%. EB-1A at 67%. H-1B selection up to 25.8%. Data-driven strategies for the new landscape.

Immigration Data & Trends

16th December 2025

The Immigration Landscape Has Fundamentally Changed

The Immigration Landscape Has Fundamentally Changed

The immigration landscape has changed significantly over the past 18 months. These aren't minor fluctuations. They're fundamental shifts that affect case selection, client counseling, and overall practice strategy.

What's particularly striking is the divergence between nonimmigrant and immigrant visa categories. Nonimmigrant work visas remain strong with approval rates above 90%. But green card petitions tell a different story, with EB-1A dropping to 67% and EB-2 NIW collapsing to 54%.

The gap between O-1A (93.8% approval) and EB-1A (67% approval) has widened considerably, despite similar evidentiary criteria. Understanding why matters for every case you evaluate.

Current Approval Rates at a Glance

Here's how the major visa categories compare in the current environment. The data comes directly from official USCIS quarterly reports and Form I-140/I-129 RAPD summaries.

EB-2 NIW dropped from 80% to 54%. EB-1A at 67%. H-1B selection up to 25.8%. Data-driven strategies for the new landscape.

Visa Category

FY2023

FY2025

Change

RFE Rate

H-1B

97.5%

97.8%

+0.3%

12%

O-1A

93.2%

93.8%

+0.6%

18.7%

EB-1A

70%

67%

-3%

40-50%

EB-2 NIW

80%

54%

-26%

35%

L-1A

91%

92.4%

+1.4%

24%

L-1B

90%

92.8%

+2.8%

26%

Source: USCIS Quarterly Reports, Form I-140/I-129 RAPD Summaries

What's Driving These Changes

Category Type

Approval Trend

RFE Trend

Risk Level

Nonimmigrant (H-1B, O-1A, L-1)

Stable

Declining

Lower

Immigrant (EB-1A, EB-2 NIW)

Declining

Increasing

Higher

Several factors are contributing to the current adjudication environment:

Filing volumes surged following the 2022 guidance that broadened NIW eligibility interpretation. USCIS received a flood of applications, many from candidates who wouldn't have qualified under previous standards. The agency responded by tightening scrutiny.

Adjudicators are demanding more concrete evidence of national importance and measurable impact. General claims about field contributions no longer suffice. Petitioners need specific metrics, policy connections, and documented outcomes.

RFE rates have increased across green card categories, extending processing times and requiring attorneys to front-load evidence more comprehensively than ever before.

H-1B Lottery: The Good News

The H-1B program saw positive changes with beneficiary-centric selection reforms. The elimination of duplicate registrations created a fairer lottery with significantly better odds for legitimate candidates.

Metric

FY2024

FY2025

Impact

Total Registrations

758,994

470,342

-38.6%

Unique Beneficiaries

446,526

~442,000

Stable

Selection Rate

~15%

25.8%

+10.8%

What's Inside the 21-Page Guide

  • Current approval rates across all major categories with quarter-over-quarter trends

  • RFE patterns and prevention strategies specific to each visa type

  • Geographic and demographic patterns affecting case outcomes

  • Evidence-based case selection criteria with probability assessments

  • Strategic recommendations for building stronger petitions

  • Detailed FAQ section covering the most common questions

noise
noise

1%

1%

Faster Results

18%

18%

Client Satisfaction

1+

1+

Law Firm's Trust

Stop Guessing. Start Making Data-Driven Decisions.

The data comes directly from official USCIS quarterly reports. The strategy comes from analyzing what separates approvals from denials in today's environment.

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Can I use the platform for both USCIS filings and consular processing?

Does the platform work for international clients?

What visa categories does the platform support?

Does LegalBridge integrate with accounting or time tracking systems?