Immigration Insights
National interest waiver (NIW) denials have risen sharply since 2022, and the NIW denial reasons cited by USCIS tend to center around the three prongs of the Matter of Dhanasar test. Most petitions fail due to the first prong – if, for example, the case for national importance is drawn too narrowly – or the second, if the evidence supplied does not establish that the applicant is well positioned to advance their work. Documentation problems account for much of the rest, such as recommendation letters that describe character instead of contribution, or credentials listed without evidence of impact.
The legal standard for the national interest waiver is the same as it has always been. What has changed, however, is how rigorously USCIS applies it. A denial in this environment does not always necessarily reflect the applicant; more often, it reflects a petition that framed strong work in a way the current standard no longer accepts.
The sections below cover how far denials have actually risen, the most common reasons petitions are refused, what a request for evidence signals, and what tends to separate a successful petition from an unsuccessful one.
How Much Have NIW Denials Actually Risen?
NIW approvals have fallen from roughly 96% of decisions in fiscal year 2022 to 55.2% for the full 2025 fiscal year, according to USCIS I-140 adjudication data. The decline was steepest late in the period: the fourth quarter of FY2025 came in at 35.7%, the first quarter on record in which USCIS denied more national interest waiver petitions than it approved. Across the fiscal year, approval rates were 62.8% in the first quarter, 67.3% in the second, 54.0% in the third, and 35.7% in the fourth.
Two things put those figures in context. First, they track a filing surge: NIW submissions roughly tripled from about 22,000 in FY2022 to more than 66,000 in FY2025, and the category grew from about a quarter of all EB-2 filings to well over half. As volume climbed, USCIS applied the Dhanasar framework with more rigor, weighing demonstrated impact more heavily than forward-looking potential or broad claims about a field’s value.
Second, an approval rate of this kind measures decisions issued in a period, not the odds for any one petition. The petitions approved in a given quarter are largely different filings from those received that quarter, so the approval percentage figure describes agency throughput rather than a personal probability. Well-documented petitions continued to be approved throughout the decline, and early FY2026 data shows a partial recovery, with NIW approvals back near half of decisions, though still far below the levels of a few years earlier.
This tightening is not unique to the national interest waiver. EB-1A extraordinary ability denials roughly doubled over the same period, and USCIS applied heightened scrutiny to H-1B and other employment-based petitions as well, which reflects a broad shift across employment-based adjudication rather than a change aimed at the NIW alone.
The Most Common Reasons NIW Petitions Get Denied
Prong One: The National-Importance Argument Is Too Narrow
The single most common reason NIW petitions are denied is due to a national-importance argument that is too narrow. The first prong of the Matter of Dhanasar test asks whether the applicant’s proposed endeavor has both substantial merit and national importance, which is interpreted by USCIS as impact that extends beyond the applicant’s specific job. A petition that describes valuable work for one company without connecting it to broader implications for an industry, a field, or a national priority, may fail even if the applicant’s work is genuinely strong. Guidance issued in 2025 directed adjudicators to weigh demonstrated, measurable impact over general assertions about a field’s importance, which raised the bar on this prong in particular.
Prong Two: The Evidence Does Not Show You Are Well Positioned
A petition can establish that an endeavor matters and still fail on the second prong, which asks whether the applicant is well positioned to advance it. This prong depends on the applicant’s own record: a history of results, adoption of the applicant’s work by others, and a credible plan to carry the work forward in the United States. Denials on this point are often due to a petition that lists credentials and publications without showing that the work has influenced the field, or that offers a plan too general for an adjudicator to assess.
Prong Three: No Clear Benefit to Waiving Labor Certification
The third prong asks whether, on balance, it benefits the United States to waive the job offer and labor certification requirements of a standard EB-2 petition. Denials on this prong are less frequent than on the first two, but they occur when a petition does not explain why the applicant should be exempt from the labor-market test that PERM provides. The argument USCIS looks for connects the applicant’s specific qualifications and the endeavor’s importance to a reason the ordinary process should be set aside in their case.
Documentation Problems
A large share of denials and requests for evidence are specifically due to issues with documentation. The recurring problems are recommendation letters that praise the applicant’s character or work ethic rather than explaining the significance of their specific contributions, and citation or publication counts presented without context. Letters from independent experts with no prior connection to the applicant carry more weight than letters from supervisors and collaborators, because they reflect the field’s judgment rather than that of a professional relationship.
What an RFE Signals and How to Respond
A request for evidence (RFE) is not a denial, and it does not necessarily mean a petition will be denied. An RFE identifies what an adjudicator finds insufficient and gives the petitioner a fixed period to respond, usually with additional evidence or argument addressing the specific gap. Many petitions that receive an RFE are approved after a thorough response.
A response is most effective when it treats the RFE as a precise question rather than an occasion to resubmit the original petition, addressing the cited prong or evidence gap with new, specific documentation. Because the response window is fixed and a weak response can lead to a denial, this is a stage at which many petitioners involve legal counsel.
Strengthening a Petition Before You File
Strong petitions have certain things in common. They frame the endeavor’s importance at the level of a field or a national priority rather than a single employer, and they support that framing with evidence an adjudicator can measure. They document the applicant’s influence through independent corroboration rather than self-description, and they include a specific plan for their work in the United States. They also address the PERM certification requirement directly, explaining why waiving the labor-market test serves the national interest in this case.
None of this changes the underlying standard, and no framing can rescue a petition that does not meet EB-2 NIW eligibility requirements. A consultation with an immigration attorney can identify whether a petition is ready to file, what an RFE is actually asking for, and whether the national interest waiver remains the strongest option. Another category such as the EB-1A extraordinary ability green card may fit better, or a distinct track may apply, as it does for physicians in medically underserved areas.
Frequently Asked Questions
What is the most common reason NIW petitions are denied?
The most common reason is a national-importance argument drawn too narrowly under the first Dhanasar prong. Petitions that tie the significance of the work to a single employer or project, without connecting it to broader impact on a field or a national priority, are the ones that are most often refused, even if the underlying work is strong. Petitions with gaps in evidence – where the record does not establish that the applicant is well positioned to advance the work – are a close second.
Does an RFE mean my petition will be denied?
No. A request for evidence just means an adjudicator needs more information before deciding, not that the petition has been refused. It identifies a specific gap and sets a deadline to respond. Many petitions are approved after a complete, well-targeted response. Because the window is fixed and the response shapes the final decision, however, this is a common point at which petitioners involve an attorney.
Can I refile after an NIW denial?
In many situations, yes. A denied national interest waiver can often be refiled, and refiling with a stronger record is frequently more practical than appealing, since appeals to the Administrative Appeals Office succeed in only a small share of NIW cases. Whether to refile, appeal, or pursue a different category depends on why the petition was denied and on the applicant’s specific record, which is why a review of the denial notice with an immigration attorney is the usual starting point.
How do I show that my work has national importance?
National importance is shown by connecting the specific endeavor to impact beyond the applicant’s own employer or project. Evidence that the work influences an industry, advances a technology others rely on, or contributes to a field the government treats as a national priority supports the first prong, particularly when it is documented through independent sources rather than the applicant’s own description. USCIS weighs demonstrated, measurable impact more heavily than general statements about how important a field is.
Discuss an NIW Petition or Denial With Our Attorneys
A national interest waiver depends heavily on how well the provided evidence connects an individual’s work to a national priority, and in the current environment that connection has to be made deliberately. The employment-based immigration attorneys at Scott D. Pollock & Associates, P.C. have over three decades of experience in immigration and nationality law, including national interest waiver petitions, responses to requests for evidence, and cases that follow a prior denial.
To discuss a petition you are preparing, an RFE, or a denial, call 312.444.1940 or fill out our online contact form to schedule a consultation.
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