Last updated: September 20, 2026
Key Takeaways for Startup Founders
- Firm-level approval rates reflect only cases a firm chose to file after screening out weaker profiles, which inflates reported numbers.
- USCIS Q3 FY2026 data shows O-1A at 91.0%, EB-2 NIW at 55.3%, and EB-1A at 32.2%, far below the 94–99% figures many firms advertise.
- Approval-rate calculations vary by firm. Some exclude pending cases and RFEs, while others blend categories or count refiles as new approvals.
- Founders can cut through marketing by asking seven specific questions about category-specific rates, case volume, RFEs, refiles, time periods, founder-only results, and screening criteria.
- Jumpstart Immigration uses a transparent, methodology-driven approach for founders pursuing O-1A and EB-2 NIW petitions.
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What a 98% Approval Rate Actually Tells You
A firm-level approval rate functions as a marketing number until you understand how the firm calculates it. The figure reflects only the cases a firm chose to file after screening out profiles it considered too weak. The cases most likely to be denied never enter the denominator.
Pre-screening bias explains why firm-level approval rates do not line up with USCIS category-level baselines. A firm that declines every borderline case before filing will report a high approval rate regardless of how difficult the underlying category is.
Calculation methodology adds another layer of distortion. Some firms calculate approval rates by including only completed cases where a decision has been received, excluding cases under active RFE response or in pending status from the denominator. This approach inflates the headline number because in-progress cases are omitted. Other firms blend approval rates across all visa categories, mixing routine extensions and adjustment filings with complex initial petitions.
USCIS publishes outcomes by visa category and form type, not by the attorney or law firm that prepared the filing. No firm-level approval rate is independently verifiable against any public dataset. A quoted rate of 98% does not mean any individual case has a 98% chance of approval.
USCIS Category-Level Baselines and Firm Claims
USCIS publishes quarterly adjudication data by visa category, which gives founders an independently verifiable baseline for key visa types. The most recent release covers Fiscal Year 2026 Quarter 3 (April–June 2026), published September 8, 2026.
The Q3 FY2026 figures show three different trajectories. The O-1 approval rate held at 91.0%. The EB-1A rate dropped to 32.2%, the lowest quarterly rate on record and the sixth consecutive quarter of decline from 74.7% in Q1 FY2025. The EB-2 NIW rate rose to 55.3%, its third consecutive quarterly increase after a record low of 35.7% in Q4 FY2025.
The gap between these baselines and the 94–99% range founders see in marketing materials comes from pre-screening bias and category blending. A firm quoting 99% while filing primarily EB-1A petitions must either apply extremely strict case selection or blend categories in a way that hides EB-1A’s 32.2% national baseline. The American Immigration Council’s USCIS Filing Trends dashboard, last updated September 3, 2026, organizes USCIS data by fiscal year and form type. It confirms that no public dataset attributes outcomes to individual attorneys or firms.
How Firms Treat RFEs and Refiles in Approval Rates
Firms calculate approval rates differently, and each methodological choice pushes the headline number upward. The three most common variations are excluding pending cases, counting refiles as new approvals, and blending categories.
When a case receives a Request for Evidence (RFE) and the response is pending, some firms exclude that case from the denominator until a final decision arrives. If the case is ultimately approved after the RFE response, it enters the numerator as an approval, while the RFE itself never appears in the reported rate. The RFE rate on initial O-1A filings is at least as informative as the approval rate because it reflects the quality of preparation on first submission, before any corrective action.
When a denied petition is refiled, some firms count the refile as a new case. If the refile is approved, it adds an approval to the numerator without the original denial appearing anywhere in the reported rate. This treatment can substantially inflate a firm’s stated approval rate for categories with high denial rates, such as EB-1A.
Category blending compounds both effects. A firmwide approval rate that blends routine extensions, straightforward H-1B renewals, and I-485 adjustment filings with O-1A initial petitions does not help a founder evaluate an O-1A attorney. Founders should ask specifically for the approval rate on the visa category they plan to file.
Seven Targeted Questions to Ask Before You Hire a Lawyer
Seven focused questions help separate a meaningful approval-rate claim from a marketing headline. Clear, specific answers signal transparency. Evasive answers tell you just as much.
- What Is Your Approval Rate for This Specific Visa Category? A strong answer names the category and gives a percentage with a defined time period. A weak answer quotes only an overall firm rate or refuses to break it down.
- How Many Cases of This Type Have You Filed? A firm handling 50 EB-1A cases a year builds processes and pattern recognition that a generalist handling five cases cannot match. A vague reference to “many” cases without a number does not help you evaluate experience.
- Does Your Approval Rate Include Cases That Received an RFE? A strong answer explains whether RFE responses are counted in the denominator and at what stage. A weak answer blurs the line between clean approvals and approvals after RFEs.
- Does Your Approval Rate Include Refiles and Appeals? A strong answer separates first-filing approvals from approvals after a denial and refile. A weak answer lumps these together.
- Over What Time Period Did You Calculate This Rate? Time period and methodology help you distinguish a real metric from marketing language. A weak answer omits the time period or describes it vaguely as “our history.”
- What Are Your Results Specifically for Founders? A strong answer shares outcome data for founders, such as accelerator alumni, patent-holders, and press-covered founders, separate from researchers or artists. A weak answer presents only aggregate data across all client types.
- What Screening Criteria Do You Use to Decline a Case Before Filing? A strong answer describes intake criteria clearly and shows how pre-screening shapes the reported rate. A weak answer claims the firm accepts every case or avoids describing its intake process.
Why EB-1A Is a Tough Category for Many Founders
The EB-1A approval rate dropped to 32.2% in Q3 FY2026, the lowest quarterly rate on record and the sixth consecutive quarter of decline from 74.7% in Q1 FY2025. That trajectory conflicts with any claim of near-perfect EB-1A success unless the firm discloses extremely strict pre-screening.
The EB-1A requires proof of sustained national or international acclaim, evaluated through a two-step USCIS review. A petition can clear the first step, which checks whether evidence meets individual regulatory criteria, and still fail the second step. In the second step, an officer decides whether the record as a whole shows sustained acclaim.
Founders without a long public track record face a particularly high bar. Major press, named awards, prior exits, or independently documented tier-one investor backing often make the difference. Roughly one in two EB-1A petitions are denied. Category-specific due diligence on any attorney’s claimed track record matters in this environment.
Visa Paths That Commonly Fit Startup Founders
Founders do not have a dedicated US startup visa. They rely on existing categories that match their credentials, timing, and long-term plans. The categories most relevant to credentialed tech founders include the O-1, EB-2 NIW, and EB-1A, with O-1 often first and EB-2 NIW as the natural next step.
The table below maps each category to its credential fit and its Q3 FY2026 national approval rate, so you can see how sharply the evidence bar rises from O-1A to EB-1A.
| Visa | Type | Key Credential Fit | Category Approval Rate (Q3 FY2026) |
|---|---|---|---|
| O-1A | Nonimmigrant Work Visa | Accelerator alumni (YC, Residency), press coverage, patents, judging roles, VC-backed founders | 91.0% |
| EB-2 NIW | Immigrant Petition (Green Card) | Advanced degree or exceptional ability, STEM founders, national-interest work (AI, climate, biotech) | 55.3% |
| EB-1A | Immigrant Petition (Green Card) | Founders with sustained public acclaim, major press, prior exits, named awards | 32.2% |
The natural ladder for many credentialed tech founders starts with O-1A. This category has no annual cap, no lottery, and no degree requirement. EB-2 NIW often follows as the green-card step. EB-2 NIW allows founders to self-petition with no employer sponsor or PERM labor certification required, and dependents receive green cards on the same petition.
EB-1A fits founders whose public record already shows sustained acclaim. The Q3 FY2026 baselines cited above show that the evidence bar for EB-1A sits far higher than for O-1A. EB-2 NIW dependents receive green cards and the spouse gets unrestricted work authorization once the I-485 is approved, while O-1 dependents receive O-3 status, which does not authorize employment. Dual-career households often weigh this difference heavily.
How to Respond If Your Petition Is Denied
A denial closes one petition but does not always close the path. USCIS allows petitioners to file a motion to reopen or reconsider, appeal to the Administrative Appeals Office (AAO), or refile with a stronger evidentiary record. The right choice depends on the denial grounds, the visa category, and the underlying evidence.
Founders should clarify a firm’s plan for setbacks before signing. Ask directly what happens to the case and to the client relationship if the petition is denied. A clear written policy on refiling, appeals, or next steps is a strong answer, while vague assurances signal risk. The response reveals as much about a firm’s confidence in its preparation quality as any approval rate it quotes.
Why Jumpstart Immigration Fits Data-Driven Founders
Jumpstart builds US visa and green-card petitions for founders, executives, and operators worldwide. Its methodology is trained directly on USCIS adjudicator decisions and focuses on how officers actually evaluate evidence.
This methodology-first approach delivers the transparency this article recommends. Jumpstart emphasizes category-specific preparation, clear screening criteria, and defined plans for RFEs and denials. The service is tailored to the founder profile described in the visa-fit section above: accelerator alumni, press-covered founders, patent-holders, and VC-backed operators whose records map onto O-1A and EB-2 NIW criteria.
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Frequently Asked Questions (FAQ)
What Is a Typical Approval Rate for Startup Founder Immigration Lawyers?
Firm-level approval rates for startup founder immigration lawyers are self-reported and often appear in the 95–99% range in marketing materials. These figures reflect only the cases a firm chose to file after screening out weaker profiles, so they do not match the Q3 FY2026 baselines cited above. The gap comes from pre-screening bias and category blending rather than from a direct performance comparison with USCIS data.
Why Do Advertised Rates Differ from USCIS Figures?
USCIS reports approval rates across all petitions in a category. That pool includes self-filed cases, thin records, and filings from non-specialist firms. Firm-level rates reflect only accepted cases after intake screening. When a firm declines borderline cases before filing, those potential denials never enter its denominator. Some firms also exclude pending cases and active RFE responses or blend multiple visa categories. Each choice pushes the headline number above the USCIS category-wide figure.
Do Firm Approval Rates Include RFEs and Refiles?
Practices vary by firm, and many firms do not explain their approach clearly. Some exclude cases under active RFE response from the denominator until a final decision, then count the eventual approval without the RFE appearing in the rate. Some treat a denied petition that is refiled and later approved as a new approval, without the original denial affecting the reported rate. Founders should ask whether RFEs and refiles are included and should request the firm’s RFE rate on initial filings.
What Is the Best US Visa for Startup Founders?
No single visa fits every founder. The right category depends on credentials, nationality, timing, and long-term plans. For many credentialed tech founders, the O-1A serves as the strongest starting point, with no annual cap, no lottery, and no degree requirement. The EB-2 NIW often follows as the green-card step and allows self-petitioning without an employer sponsor or labor certification. EB-1A suits founders with a documented record of sustained public acclaim and carries a higher evidentiary bar than the other two categories.
What Should I Ask Before Hiring an Immigration Lawyer?
Ask for the approval rate by visa category and the number of cases filed in that category. Ask whether the rate includes RFEs and refiles and which time period it covers. Ask for results specifically for founders with your credential profile. Ask what screening criteria the firm uses to decline a case before filing and what happens if the petition is denied, including the written policy on next steps.
Conclusion: Treat Approval Rates as a Starting Point, Not a Guarantee
The right immigration path for a startup founder depends on profile, goals, timing, and evidence strength. The O-1A, EB-2 NIW, and EB-1A serve different credential profiles and carry distinct national approval baselines, as the Q3 FY2026 data above shows. Any firm-level rate that significantly exceeds those baselines reflects pre-screening choices and calculation methods such as category blending, RFE exclusion, or refile treatment.
The seven questions in this article give founders a practical framework to evaluate any approval-rate claim before signing. A firm that answers those questions clearly and specifically demonstrates the same transparency it claims in its marketing.
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