12 I-140 Approval Statistics Every Professional Should Know in 2026

Critical data compiled from USCIS reports, Department of State records, and immigration processing analytics

Approval Rate Trends Across Employment-Based Categories

1. EB-1A extraordinary ability petitions achieved only 60.65% approval in FY 2024, down from 70.50% the previous year. The dramatic 10-point drop in EB-1A approval rates reflects increasingly stringent adjudication standards under enhanced vetting procedures. This decline makes professional legal representation essential for successfully demonstrating extraordinary ability. Alma's EB-1A service provides comprehensive petition preparation with expert attorneys who understand current USCIS expectations and evidence requirements.

2. EB-2 National Interest Waiver approval rates collapsed to just 43.31% in FY 2024 from 79.99% in FY 2023. This staggering 46% decrease represents the most dramatic approval rate decline in recent immigration history. The shift from nearly 79.99% approval to under 50% means more than half of self-prepared or poorly documented petitions now face denial. Alma's EB-2 NIW specialists craft compelling cases that position applicants as serving critical national interests, maintaining approval rates well above national averages.

3. EB-2 NIW denial rates increased from 16.65% to 17.71% between FY 2023 and FY 2024. Beyond the approval rate collapse, actual denial rates also climbed as USCIS implemented stricter standards. This dual trend of declining approvals and rising denials signals fundamental shifts in adjudication practices. Working with experienced counsel through Alma's EB-2 NIW guide helps applicants understand current requirements and build cases that meet heightened evidentiary standards.

4. 38.98% of EB-2 NIW cases remained pending in FY 2024, up dramatically from 3.36% in FY 2023. The massive increase in pending cases—more than tenfold—creates uncertainty and extended wait times for applicants. This backlog surge means applications sit in limbo for months longer than historical norms. Alma's platform provides transparent case tracking and regular updates, ensuring clients always know their petition status despite USCIS processing delays.

Processing Time Realities and Premium Processing Benefits

5. Premium processing reduces I-140 processing time to just 15 business days for most classifications (including EB-1A, EB-1B, EB-2 PERM-based, and EB-3), and 45 business days for EB-1C and EB-2 NIW. For an additional fee, premium processing cuts processing time by 80-85%, delivering adjudication in just 15-45 days instead of 7-9 months depending on classification. This expedited service provides certainty and allows applicants to plan career moves and family decisions with confidence. Alma's legal team guides clients on when premium processing represents a worthwhile investment versus when standard processing suffices.

6. USCIS completed only 2.7 million cases in Q2 2025, an 18% decline from the same period in 2024. The significant drop in case completions reflects operational challenges and policy changes slowing adjudications. With fewer cases processed while filings continue, backlogs grow and processing times extend further. This environment makes strategic case preparation even more important, as delayed petitions with deficiencies face even longer RFE response cycles.

USCIS Backlog Crisis and Operational Challenges

7. USCIS faces a record backlog of 11.3 million pending cases as of Q2 FY 2025. The unprecedented backlog across all USCIS operations creates systemic delays affecting every immigration benefit type. This massive queue means longer wait times for case adjudication, document processing, and administrative actions. Alma's attorney-led approach emphasizes submitting complete, well-documented petitions the first time to avoid contributing to RFE cycles that further delay final decisions.

8. Over 34,000 cases remain unopened by USCIS in FY 2025 Q2, representing a significant operational bottleneck. Beyond the adjudication backlog, thousands of cases sit unopened in USCIS facilities, adding weeks or months before review even begins. This operational inefficiency compounds processing delays and creates uncertainty about when cases enter active adjudication. Alma's case tracking platform monitors receipt confirmations and initial review milestones, alerting clients to potential processing delays early.

9. EB-1A backlog reached 16,000 pending cases, the highest on record. Even the highest preference category faces unprecedented backlogs, with 16,000 EB-1A petitions awaiting adjudication. This surge in pending extraordinary ability cases reflects both increased filings and slower processing speeds. The backlog makes premium processing particularly valuable for EB-1A applicants seeking faster priority date establishment and green card processing.

Labor Certification and PERM Processing Statistics

10. PERM applications currently face processing times averaging 472 calendar days for analyst review. Department of Labor PERM processing has over 15 months for standard analyst review, creating significant delays before I-140 filing can even begin. This extended PERM timeline means the total green card process for employment-based categories requiring labor certification now spans multiple years. Alma's PERM service provides comprehensive support through the labor certification process, ensuring applications meet DOL requirements and avoid audit delays.

Employment-Based Immigration Workforce Impact

11. Foreign-born workers account for 19.2% of the U.S. civilian labor force in 2024, up from 18.6% in 2023. The growing percentage of foreign-born workers demonstrates continued employer reliance on international talent despite immigration processing challenges. This increasing workforce participation underscores the critical importance of efficient employment-based immigration pathways. Alma's business immigration platform helps companies manage multiple foreign national cases with transparent tracking and compliance tools.

12. Approximately 160,791 employment-based visas were used in FY 2024, utilizing the full annual allocation. The complete utilization of employment-based visa numbers reflects sustained demand for permanent residence pathways. With approximately 140,000 visas allocated annually plus unused family-based numbers, the full usage demonstrates the competitive landscape for green card sponsorship. This demand makes timely filing and strong petition preparation essential for securing available visa numbers.

What These Statistics Mean for I-140 Applicants

Declining Approval Rates Demand Strategic Response

The sharp drop in approval rates across EB-1A and EB-2 NIW categories signals fundamental changes in USCIS adjudication standards. What worked reliably in FY 2023 no longer guarantees success in the current environment. These statistics demonstrate that:

• Professional legal representation is no longer optional – With EB-2 NIW approvals below 50%, self-prepared petitions face coin-flip odds
• Evidence quality matters more than ever – Meeting minimum requirements no longer suffices when adjudicators apply heightened scrutiny
• First-time approval is critical – RFE responses and appeals add months or years to already extended processing times

Alma's individual immigration services provide the comprehensive legal support needed to build compelling I-140 petitions that meet current USCIS standards. Our 99%+ approval rate demonstrates the value of attorney-led petition preparation with thorough documentation and strategic case presentation.

Processing Delays Create Planning Challenges

The combination of 7-9 month standard processing times, record backlogs, and declining USCIS productivity creates uncertainty for career planning and family decisions. These delays impact:

• Job mobility – Extended processing limits employer flexibility and employee career advancement
• Family immigration – Dependent visas and green card processing face parallel delays
• Priority date establishment – Earlier filing preserves place in line for visa number availability

Alma's platform provides real-time case tracking, proactive alerts, and transparent status updates throughout the I-140 process. Our guaranteed 2-week document preparation turnaround ensures applications reach USCIS quickly to establish the earliest possible priority dates.

Premium Processing Offers Strategic Advantages

The 15-to-45-day premium processing option becomes increasingly valuable as standard processing extends beyond 8-9 months. Premium processing delivers:

• Certainty – Fixed 15- or 45-day timeline versus uncertain standard processing
• Planning ability – Faster decisions enable career moves and family planning
• Earlier subsequent filing – Approved I-140s enable adjustment of status filing when visa numbers become available

For EB-1A and EB-1B applicants in current priority date categories, premium processing can significantly accelerate decisions. Alma's legal team provides guidance on when premium processing represents a worthwhile investment based on individual circumstances and visa bulletin predictions.

How Alma Helps Clients Navigate Current I-140 Challenges

Attorney-Led Petition Preparation

Alma's immigration attorneys bring deep expertise in employment-based green card petitions across all preference categories. Our comprehensive approach includes:

• Thorough eligibility assessment – Determining the strongest category for each applicant's credentials
• Strategic evidence compilation – Assembling documentation that exceeds minimum requirements
• Compelling petition letters – Articulating extraordinary ability or national interest clearly and persuasively
• Expert opinion letters – Securing credible expert endorsements when appropriate

Technology-Enabled Transparency

Beyond legal expertise, Alma's platform provides technological advantages that traditional law firms cannot match:

• Real-time case tracking – Always know your petition status through our client portal
• Automated milestone alerts – Receive notifications about USCIS receipt confirmations, RFEs, and decisions
• Document management – Secure storage and organization of all petition evidence
• Direct attorney communication – Message your legal team through the platform for quick responses

This combination of legal excellence and technological efficiency delivers the speed, transparency, and confidence modern professionals demand from their immigration services.

Comprehensive Employment-Based Green Card Support

Alma supports clients across all employment-based preference categories with flat-rate, transparent pricing:

• EB-1A, EB-1B, and EB-1C petitions – $10,000 attorney fee
• EB-2 NIW petitions – $10,000 attorney fee
• EB-1/EB-2 NIW with approved O-1 visa – Discounted $7,000 attorney fee
• PERM labor certification – $8,000 attorney fee
• I-140 after PERM approval – $4,000 attorney fee

These flat-rate fees include comprehensive legal services, platform access, document preparation, and administrative support. No hidden charges or billing surprises—just transparent pricing from consultation through approval.