USCIS First-Quarter FY2026 I-140 Data Signals Continued Employment-Based Immigration Pressure
U.S. Citizenship and Immigration Services (USCIS) has released receipt and inventory data for Form I-140 immigrant petitions for the first quarter of fiscal year 2026, providing an early look at employment-based immigration trends by classification and country of birth. The newly published figures indicate continued growth in pending inventory, a marked increase in EB-1 denial rates over the prior fiscal year, and significant filing growth from Vietnam.
The data, drawn from USCIS’s quarterly reporting system, highlights structural pressures within the employment-based (EB) immigrant visa system and offers insight into how filing patterns and adjudication outcomes may shape visa availability and processing timelines during FY2026.
Rising Pending Inventory and Ongoing Backlog Expansion
The first quarter of FY2026 alone reflects 37,089 I-140 petitions sitting in pending inventory. This figure is notable when viewed in the context of recent year-end totals. At the close of FY2024, the total pending inventory stood at 41,765 petitions. By the end of FY2025, that number had increased to 89,984, representing a 115 percent increase in a single fiscal year.
The Q1 FY2026 snapshot suggests that elevated filing volumes and adjudication timing continue to contribute to a substantial pipeline of pending immigrant petitions. For employers and foreign nationals, I-140 backlogs are consequential because an approved I-140 is generally required before a beneficiary can move forward with adjustment of status or immigrant visa processing, subject to visa number availability under the annual statutory caps.
As pending inventory grows, it may affect processing expectations, priority date movement, and workforce planning strategies, particularly in oversubscribed categories.
EB-1 Denials Reach Twelve-Year High
The data also reflects a sharp year-over-year increase in EB-1 denials. EB-1 denials rose from 5,027 in FY2024 to 8,103 in FY2025, representing a 61 percent increase. The resulting denial rate reached 15.8 percent, compared to 12.1 percent the previous year. This marks the highest EB-1 denial count in the 12-year dataset tracked in the agency’s report.
The EB-1 category includes multinational executives and managers, individuals of extraordinary ability, and outstanding professors and researchers. Because EB-1 classifications are often current or advance more quickly than other preference categories, heightened denial rates may signal increased scrutiny in adjudications or shifts in evidentiary standards.
For employers sponsoring multinational managers and executives, and for individuals self-petitioning under EB-1A extraordinary ability, the increased denial rate underscores the importance of thorough documentation and consistent alignment with regulatory criteria. Although the data does not explain the reasons behind any specific denials, the aggregate trend reflects a more challenging adjudication environment compared to prior years.
Significant Filing Growth from Vietnam
Country-of-birth data in the FY2026 Q1 release shows that Vietnam experienced a 91 percent increase in I-140 filings from FY2024 to FY2025. Filings rose from 4,411 to 8,446 petitions within one fiscal year. As a result, Vietnam now ranks among the top five countries by I-140 filing volume, alongside India, China, the Philippines, and Brazil.
Increased filing volume from a particular country may have long-term implications for visa demand within both per-country limits and specific preference categories. Under U.S. immigration law, employment-based immigrant visas are subject to annual numerical caps as well as per-country limitations. When demand from a particular country rises significantly, the Department of State may adjust visa bulletin cutoff dates to manage allocation within statutory limits.
While Vietnam has not historically faced the same levels of oversubscription as India or China in certain categories, sustained growth in filings could affect future priority date movement depending on overall demand and annual visa supply.
Practical Implications for Employers and Foreign Nationals
The combination of rising I-140 backlogs, elevated EB-1 denial rates, and shifting country-level demand highlights the continued complexity of employment-based immigration planning.
For U.S. employers, I-140 trends are closely tied to long-term workforce strategy, particularly for multinational corporations, research institutions, healthcare organizations, and technology companies that rely on talent sponsored through EB-1, EB-2, and EB-3 classifications. An expanding pending inventory may affect expectations regarding permanent residence timelines for sponsored employees.
For foreign nationals, especially those in temporary nonimmigrant classifications such as H-1B or L-1, I-140 approval is often a key milestone that can impact job portability under AC21 provisions and eligibility for certain extensions beyond statutory nonimmigrant time limits. Delays or increased denial rates in immigrant petitions can therefore have downstream consequences on status planning and career mobility.
Investors and self-petitioning professionals in the EB-1 and other employment-based categories may also experience longer adjudication cycles or heightened evidentiary standards as reflected in recent denial statistics.
Monitoring Visa Availability and Future Data Releases
Because employment-based immigrant visas are governed by annual numerical limits and country caps, I-140 receipt and inventory data must be viewed in conjunction with the Department of State’s monthly Visa Bulletin. Increased filings and pending inventory levels can influence how quickly priority dates advance or retrogress over the course of a fiscal year.
USCIS’s quarterly publication of I-140 receipt and adjudication data provides an important tool for tracking these trends as FY2026 progresses. Employers, HR professionals, and practitioners commonly monitor these releases to assess filing surges, approval and denial patterns, and shifting country demand that may affect long-term immigration strategies.
As additional quarterly reports are released, they will offer further insight into whether first-quarter patterns represent a sustained trajectory or a temporary surge at the start of the fiscal year.
