Premium Processing Time for EB2 NIW Visa Understanding the Expedited Service.docx

The EB-2 NIW (National Interest Waiver) visa offers a premium processing option that allows applicants to receive a decision on their petition within 15 calendar days. This expedited service is especially helpful for those who need a quick resolution of their immigration status. As of February 2024, the fee for premium processing of the EB-2 NIW visa is $2,805.

1. Premium Processing Time for EB2 NIW
Visa: Understanding the Expedited
Service
The EB-2 NIW (National Interest Waiver) visa offers a premium processing option that allows applicants
to receive a decision on their petition within 15 calendar days. This expedited service is especially
helpful for those who need a quick resolution of their immigration status. As of February 2024, the fee
for premium processing of the EB-2 NIW visa is $2,805.
Although this fee may seem high, it guarantees a faster processing time, allowing applicants to move
forward with their immigration plans more efficiently. The availability of premium processing highlights
the importance of timely decision-making in the immigration process, providing a crucial option for
those who need a swift resolution of their visa petitions.
EB2 NIW Visa Application Process: Requirements and Challenges
The requirements for the EB-2 NIW visa are the same for all applicants, regardless of their country of
origin. However, there are general differences in the application process and requirements based on the
applicant's nationality. For instance, applicants from certain countries might experience longer waiting
times for a green card due to quotas and backlogs. Additionally, applicants from some countries may
undergo extra security checks.
These additional measures are intended to prevent fraud and ensure that only individuals whose work
significantly benefits the United States can obtain an EB-2 NIW visa.
Adjustments to Premium Processing Fees Effective February 26, 2024
Starting February 26, 2024, the fees for premium processing will be adjusted to account for inflation
from June 2021 to June 2023. These changes include increases from $2,500 to $2,805; from $1,750 to
$1,965; and from $1,500 to $1,685.
USCIS offers expedited processing for various frequently used forms through its premium processing
services. Under this program, USCIS commits to taking adjudicative action within specific timeframes or
refunding the premium processing fees. The additional funds from these fee increases will be used to
maintain premium processing services, enhance current adjudication processes, reduce processing
backlogs, and support other adjudication and naturalization services.
Applications for premium processing postmarked on or after February 26, 2024, must include the
correct updated fees, or they will be rejected.

2. Updated Premium Processing Fees
According to the final rule announced in a press release, the updated premium processing fees are as
follows:
1. Petition Form I-129 for Nonimmigrant Workers
 Current Fee: $1,500 (H-2B or R-1 nonimmigrant status)
 New Fee: $1,685 (H-2B or R-1 nonimmigrant status)
 Current Fee: $2,500 (All other available Form I-129 classifications such as E-1, E-2, E-3, H-1B, H-
3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)
 New Fee: $2,805 (All other available Form I-129 classifications)
2. Form I-140, Immigrant Petition for Alien Worker
 Current Fee: $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32,
EW3, E13, and E21 (NIW))
 New Fee: $2,805 (Employment-based (EB) classifications)
3. Form I-539, Application to Extend/Change Nonimmigrant Status
 Current Fee: $1,750 (Form I-539 classifications such as F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3,
L-2, H-4, O-3, P-4, and R-2)
 New Fee: $1,965 (Form I-539 classifications)
 Form I-765, Application for Employment Authorization
 Current Fee: $1,500 (Certain F-1 students with categories C03A, C03B, C03C)
 New Fee: $1,685 (Certain F-1 students with categories C03A, C03B, C03C)
Source: USCIS
The United States EB-2 NIW: An Overview
The EB-2 NIW (National Interest Waiver) allows certain foreign nationals to obtain a green card without
undergoing the labor certification process. Typically, labor certification requires employers to prove that
no qualified U.S. workers are available for the job offered to the foreign national. The EB-2 NIW
streamlines this process for eligible individuals.
Eligibility for EB2 NIW Visa
The EB2 NIW Visa is designed for individuals with exceptional abilities in the arts, sciences, or business,
or those holding an advanced degree. Their work must significantly benefit the United States. Applicants
must show that their work is in the national interest and that requiring labor certification would
negatively impact the U.S.
Requirements
To qualify, an individual must demonstrate exceptional ability through education, experience, and field
recognition. Additionally, the proposed work must have substantial merit and national importance,

3. evidenced by government or private sector support and the potential to create jobs, generate revenue,
or enhance the U.S. economy.
Adjustment of Status
Applying for an adjustment of status, or obtaining a green card while in the U.S., involves completing an
immigrant petition and a green card application. Typically, someone else files the petition, but self-
petitioning is possible in certain cases. Common forms include:
 Form I-130 for Alien Relative Petition
 Form I-140 for Immigrant Petition for Alien Worker
 Form I-730 for Refugee/Asylee Relative Petition
 Form I-589 for Application for Asylum and Withholding of Removal
Other forms like Form I-360 for Special Immigrant Petition or Form I-526 for Immigrant Petition by Alien
Entrepreneurs may apply. Usually, an approved immigrant petition is required before filing Form I-485
(Application to Register Permanent Residence or Adjust Status). The timing of the adjustment of the
status application depends on the approval of the immigrant petition and USCIS eligibility criteria.
Key Changes in USCIS EB-2 NIW Policy
Since 2021, the USCIS has implemented new guidelines for the EB-2 NIW category. These changes place
greater emphasis on the national interest of the United States when evaluating petitions. Factors now
considered include the project's potential to create jobs, generate revenue, improve the U.S. economy,
and impact national security.
The updated criteria for exceptional ability require a degree from a higher education institution in the
relevant field or at least five years of experience in the field.
Green Card Processing Time After I-140 Approval
The time to get a green card after I-140 approval depends on whether the applicant chooses Adjustment
of Status (AOS) or Consular Processing. AOS involves filing Form I-485 with USCIS while in the U.S., while
Consular Processing requires applying for an immigrant visa at a U.S. Consulate abroad. I-140 processing
times vary from 4 to 14 months.
If AOS is chosen with concurrent filing of I-140 and I-485, USCIS processes both simultaneously. This
includes a biometrics appointment, followed by processing additional documents like I-765 (work
permit) and/or I-131 (travel document). Applicants should avoid international travel while the travel
document is pending to prevent complications. An interview with a USCIS officer follows, and upon a
successful interview, the green card is issued and mailed.
EB-2 NIW Exceptions and Unqualified Applicants
The EB-2 NIW category is not available to physicians working in medically underserved areas or Veterans
Affairs facilities, as they fall under the EB-3 Conrad 30 Waiver Program.

4. Applicants may not qualify if:
 Their work does not significantly impact national interest.
 They do not meet the EB-2 visa requirements, such as having an advanced degree or exceptional
ability.
 Their work does not require an advanced degree or exceptional ability.
 They cannot demonstrate that their work benefits the national interest.