U.S. Immigration Alerts

What to Expect in High-Skilled Immigration (EB-1, EB-2, O-1) for 2026

Rami D. Fakhoury

Fakhoury Global Immigration

High skilled immigration in 2026 will be shaped by evolving adjudication trends and statistically observable approval rates for EB-1A, EB-2 National Interest Waiver (NIW), and O-1 visa categories. Recent USCIS data through FY2025 show the O1 visa continuing to have high approval rates with relatively low fluctuations, while EB-1A and EB-2 NIW have experienced more variable and generally lower approval rates, reflecting heightened scrutiny by USCIS. Prospective self-petitioners must prepare for rigorous evaluation of evidence, including U.S. impact, as key factors in success. Strategic planning based on current adjudication data will be critical for success in the year ahead.

EB-1A: Extraordinary Ability

• Approval rate trends: Recent quarterly data indicate that EB-1A approval rates had declined to approximately 66.6% in Q3 of FY2025 after previously running at higher levels earlier in the year. These fluctuations reflect heightened scrutiny in “final merits” review, where USCIS evaluates the totality of evidence. Overall, EB-1 approval (across EB-1A, EB-1B, and EB-1C) was near 79.7% in Q3 2025, with EB-1A specifically lower at 66.6%.

• • Denial rate considerations: Denial rates for EB-1A remain significant, with roughly one in three decided petitions not approved in the most recent period. This signals that strong documentation and clear demonstration of sustained acclaim are essential to bolster changes for approval.

• Greater scrutiny involving professional stature: USCIS officers are increasingly emphasizing whether the evidence establishes that the applicant is at the top of her or his field. 

• • Case volume and backlog impact: The number of pending EB-1A cases remains high, accumulating more quickly than decisions, which may contribute to longer adjudication timelines. Prospective applicants should anticipate possible delays and plan filing timing strategically. 

• Evidentiary quality over quantity: USCIS continues to require evidence that clearly maps to the regulatory criteria for extraordinary ability. Applicants must organize evidence to show not just accomplishments but how those accomplishments distinguish them in their field. 

• Consistent adjudication environment: Despite approval rate variability, there has been no official USCIS policy shift strictly redefining EB-1A criteria; rather, adjudicators are applying existing standards more rigorously. Monitoring quarterly data throughout 2026 will provide ongoing insight.

• Incorporating Artificial Intelligence: Over the past year, USCIS has been implementing AI tools and we expect that to continue apace in 2026.  This has resulted in our receiving longer, but less coherent, Requests for Evidence (RFE). USCIS’s AI use cases list can be found at www.dhs.gov/ai/use-case-inventory/uscis 
• Increase in processing times: EB-1A processing time is now up to 21 months and keeps increasing ever since the Service Center Operations (SCOPS) is adjudicating all EB-1A cases and is no longer dividing the work between the Texas and Nebraska Service Centers.

EB-2 National Interest Waiver (NIW)

• Current approval rate: EB-2 NIW approval rates have shown notable declines, with recent Q3 FY2025 USCIS data indicating a 54.0% approval rate and downward trends from earlier quarters. This lower rate suggests that national interest standards are being applied strictly. 

• Comparative performance: In contrast to earlier quarters of 2025 where EB-2 NIW approval hovered above 60% or even 67%, recent data show a sharper drop. This decline aligns with a broader pattern of higher NIW denial rates compared with EB-1A in prior quarters, reflecting evolving adjudication emphasis. 

• National interest scrutiny: Successful EB-2 NIW petitions increasingly must demonstrate quantifiable benefit to U.S. national interests or economy through a detailed and throughout proposed endeavor; broad or generic evidence has become less persuasive. This requires careful strategy and alignment with sector or policy priorities. 
• Impact of backlogs and processing: EB-2 NIW petitions continue to face structural delays and backlog pressures, elongating time to final decision and complicating adjustment planning for those seeking permanent residence. Applicants should consider these timing risks when choosing filing strategies.
• Eligibility complexity: While the EB-2 NIW remains a valuable pathway, the declining approval rate underscores that meeting baseline eligibility is not enough; robust evidence linked to national importance is now more essential than ever.

O-1 Visa: Extraordinary Ability Professionals

• High and stable approval rates: O1 visas continue to show strong approval performance, with Q3 2025 approval rates around 94.2%, indicating consistent adjudications even as other categories fluctuate. This makes the O-1 a comparatively stable pathway for high achieving professionals. 

• Lower RFE rates: Observations from recent data suggest that O-1 petitions receive fewer requests for evidence than many immigrant categories. Lower RFE frequency supports predictability in processing. 

• Strategic use for self-petitioners: The O-1 visa can act as a bridge for individuals waiting on long term immigrant processes such as EB-1A or EB-2 NIW, allowing talent to work in the U.S. while longer backlogs clear.

• Evidence expectations remain high: Even with strong overall approval rates, O-1 adjudicators require clear proof of extraordinary ability, including significant industry recognition, leadership, and sustained acclaim.

• Officers looking for sustained achievements. Officers are increasingly considering whether the applicant has made the case for sustained achievements, rather than visibility, in their petitions. 

• Discretionary adjudications continue: O-1 remains discretionary, meaning petitions can be denied even with solid credentials if evidence alignment is weak; organization and targeted strategy are critical.

Government Processing and High Skill Adjudication Environment

• • Enhanced scrutiny in practice: Across employment-based categories, adjudicators are applying closer scrutiny to evidence, leading to increased RFEs and more demanding evaluations. This trend is reflected in lower approval rates for EB-1A and EB-2 NIW in recent quarters.

• Data informed decision making: The quarterly USCIS data demonstrate that adjudication outcomes for high skill petitions can fluctuate, underscoring the importance of tracking ongoing trends throughout 2026.

• • Backlogs remain a defining feature: Visa backlogs, especially NIW, continue affecting timelines and may create waiting periods that extend beyond typical adjudication expectations.
  • Quality over volume: Current practice shows that USCIS focuses less on sheer quantity of supporting documents and more on their relevance, credibility, and direct tie to statutory criteria.

• Potential rule changes on the horizon: Proposed immigration policy changes may further refine how adjudicators interpret eligibility and evidentiary standards in high skill categories, adding uncertainty for 2026 filings.

How to Prepare a High Skilled Individual Petitioner 

• Early evidence collection and strategic planning: Identify key accomplishments, publications, awards, and recognitions early. Fakhoury Global Immigration helps individuals compile and organize evidence effectively, aligning documentation to category specific criteria and current adjudication trends.

• Bridging O-1 to EB-1A: For applicants pursuing O1 status as an interim solution, FGI provides strategic roadmaps that align short term visas with future EB-1A or EB-2 NIW filings, reducing inconsistencies and strengthening overall profiles.

• RFE preparation: We are seeing an increasing frequency of Requests for Evidence (RFEs). Employers should have contingency plans in place in case an RFE significantly slows down their ability to depute foreign national workers to the U.S. 
• Monitoring evolving policy and adjudication trends: High skill visa adjudication practices and policy interpretations continue to evolve. FGI keeps applicants updated on the latest data, trends, and policy shifts so that filing strategies remain aligned with real-time adjudicative behavior.

Conclusion

High skilled immigration in FY2026 will require self-petitioning individuals to navigate tighter adjudication, measurable approval rate trends, and ongoing backlog pressures. O1 visas remain the most stable route with high approval rates, while EB-1A and EB-2 NIW categories show more variability and increased scrutiny. With careful planning and expert guidance, high achieving individuals can effectively position themselves for favorable outcomes despite a challenging and data driven adjudication environment.