Quick Answer
Most EB2 NIW denials happen because the petition fails to prove one of the three Dhanasar prongs: the proposed endeavor isn’t specific or nationally important, the applicant isn’t shown to be well-positioned to advance it, or the case is backed by generic letters and titles instead of measurable evidence. Most denials come from how the case is built, not from the applicant’s profile.
Key Takeaways
- The NIW approval rate has been low but is recovering. It reached 55.3% in the third quarter of fiscal year 2026, up from 48.1% in the second quarter.
- The published rate blends every petition, including weak and incomplete ones. A well-built petition isn’t a coin flip.
- An RFE is not a denial. It’s USCIS asking for more evidence while your case is still alive.
- After a denial you generally have 30 days (33 if mailed) to file a motion or appeal, so the clock starts immediately.
- For Pakistani applicants, clear degree equivalency, verifiable work history, and a proposed endeavor tied to U.S. benefit are the biggest fixes.
What Are the EB2 NIW Approval and Denial Rates in 2026?
The trend explains why applicants are nervous. Approval rates stayed near or above 90% from fiscal year 2018 through fiscal year 2023. Then USCIS filings roughly tripled and adjudication tightened. USCIS data for the last quarter of fiscal year 2025 (July to September 2025) showed only 36% approved.
Since then the numbers have improved:
Last updated: September 29, 2026
Quick Answer
Yes, software engineers and IT professionals from Pakistan can qualify for EB2 NIW. You don’t need a PhD or a job offer. You need a qualifying degree or experience, plus a specific proposed endeavor with national importance and evidence that you can carry it out. The most common failure is describing an occupation instead of an endeavor.
Key Takeaways
- A bachelor’s degree plus five years of progressive experience can clear the degree requirement, and the real tests are importance and positioning, not fame. Gcpathways
- An occupation is not an endeavor. “I am a machine learning engineer and AI matters to America” no longer works.
- Engineers are usually strongest on prong 2 (well-positioned) and weakest on prong 1 (national importance).
- Approval isn’t automatic. USCIS approved 55.3% of adjudicated NIW petitions in the third quarter of fiscal year 2026. Manifest Law
Who Qualifies? The Two Gates
Gate 1: base EB-2 eligibility. You need an advanced degree (a master’s, or a bachelor’s plus five years of progressive experience) or exceptional ability. The experience must relate directly to your specialty and your proposed endeavor. USCIS also won’t accept exceptional ability in one field when the endeavor is in an unrelated field. RajulawThomasvallen
Gate 2: the Dhanasar test. Your endeavor must have substantial merit and national importance, you must be well-positioned to advance it, and waiving the job offer must benefit the U.S. on balance.
Which IT Fields Fit National Importance Best?
The federal government has repeatedly named AI, cybersecurity, advanced computing, semiconductors and digital infrastructure as national priorities, and work in those areas often aligns with the national importance prong. A June 2, 2026 executive order on advanced AI and security treats cybersecurity as a national defense matter, so professionals in threat detection, secure development or AI model protection may be able to reference it. NatLawReviewNatLawReview
That doesn’t mean other IT work can’t qualify. It means you must build the bridge yourself. Examples of areas that are easier to connect to documented U.S. priorities:
- Cybersecurity and secure software
- AI/ML for infrastructure, healthcare or fraud detection
- Cloud and data infrastructure
- Healthcare or financial systems software
- Tools that help U.S. small businesses become more efficient
Generic web development, routine IT support, or outsourcing services are harder unless you tie them to a specific, measurable U.S. impact.
Endeavor: Weak vs Strong (Illustrative)
| Weak | Stronger |
| “I will work as a software engineer in the U.S.” | “I will develop machine-learning anomaly-detection tools that help U.S. mid-size healthcare providers detect intrusions in patient-data systems, building on my prior systems deployed at X.” |
| “AI is important to America.” | “My work on [specific system] addresses [specific U.S. priority documented in a named agency report] and can be adopted by [defined users].” |
Mapping the Three Prongs to Tech Work
Prong 1: Substantial merit and national importance.
Tie your endeavor to documented priorities, such as agency reports, legislation and published shortage data, not to your own claims. Recommended practice is to cite documented sources rather than assertions. Visa-pros
Prong 2: Well positioned to advance it.
USCIS considers your education, skills and record of success in similar efforts, a plan for future work, progress so far, and interest from potential customers, users or investors. For engineers, evidence can include: Wikipedia
- Systems you built or led, with adoption numbers, uptime, cost savings or users served
- Patents, publications, citations and peer-review service (one approved case highlighted 56 citations and 9 completed peer reviews) WeGreened
- Open-source contributions with real usage, and technical certifications
- Awards, competitions, grants, or letters of interest from potential U.S. users or employers
- A concrete plan for your first 3–5 years in the U.S.
Prong 3: Balance of factors.
Explain why a job offer and labor certification process is impractical for your work, for example because your endeavor benefits many U.S. organizations or isn’t tied to one employer.
Extra Considerations for Pakistani Applicants
- Degree proof. Get a credential evaluation showing U.S. equivalence, and keep transcripts and degrees authenticated.
- Experience letters. Use company letterhead, exact dates, and specific duties and outcomes. If you work for a software house, ask for letters that describe your actual projects.
- Freelance and remote work. Keep contracts, invoices and platform records, plus letters from clients. Work delivered to U.S. clients is useful proof of U.S. impact.
- Consistency. Officers flag files where the resume says backend engineer, the statement says AI researcher, and the letters say visionary. Make every document tell one story. Gcpathways
Common Mistakes IT Applicants Make
- Describing a job title instead of an endeavor
- Letters full of praise and no numbers
- Claiming importance without citing any national priority
- Leaving out user, revenue or adoption data
- Inconsistent titles and dates across documents
- Using a template petition that could fit any engineer
Next Steps
Before filing, answer honestly: Can I state my endeavor in two specific sentences? Do I have measurable impact? If not, strengthen the case first. Our team offers a free profile assessment for IT professionals in Karachi.
Call A2Z Immigration Services: +92 324 2719360
Disclaimer: General information, not legal advice. Policies and USCIS statistics change.
Related: [EB2 NIW Processing Time in 2026] · [Why EB2 NIW Petitions Get Denied] · [USA EB2-NIW Visa Explained: Can Pakistani Professionals Apply?]
FAQs
Do I need a PhD for EB2 NIW as a software engineer?
No. A master’s degree, or a bachelor’s plus five years of progressive experience, can meet the base EB-2 requirement. The petition still has to prove national importance.
Can a freelance developer in Pakistan qualify?
It’s possible if the freelance work forms a clear record of impact, supported by contracts, client letters and measurable results, and it connects to a specific U.S.-relevant endeavor.
Is AI or cybersecurity required?
No, but those fields make the national importance link easier. Other IT work needs a well-documented bridge to a national priority.
Do I need a U.S. job offer?
No. NIW is a self-petition that waives the job offer and labor certification.
