Navigating the EB-2 National Interest Waiver (NIW) process starts with understanding the core fee structure and what each payment covers. This overview clarifies key cost drivers so applicants can budget accurately and avoid surprises during USCIS processing.
The complexities of EB-2 NIW fees influence timelines, eligibility strategies, and overall case planning. A clear breakdown of each fee component helps applicants, attorneys, and advisors align expectations and prepare stronger petitions.
| Fee Category | Amount (USD) | When It Applies | Purpose |
|---|---|---|---|
| Form I-140 Filing Fee | $700 | Initial petition submission | Processing the immigrant petition |
| Biometrics Service Fee | $85 | When biometrics are required | Fingerprinting and background checks |
| Premium Processing | $2,500 | Optional, at filing | Faster adjudication within 15 calendar days |
| Adjudication Fee | $0 | Included in filing fee | USCIS review of the petition |
| Concurrent Adjustment of Status | $1,490 | If applying for a green card in the U.S. | Application to become a lawful permanent resident |
Understanding EB-2 NIW Fee Requirements
Form I-140 and Its Associated Charges
The Form I-140 filing fee is a non-refundable $700 payment required when submitting an EB-2 National Interest Waiver petition. This base fee covers the initial adjudication of the immigrant petition and is mandatory for all applicants regardless of age or location.
When Premium Processing Applies to NIW
Optional Premium Processing for EB-2 NIW cases adds $2,500 and guarantees a decision within 15 calendar days if the petition is accepted. Not all applicants use this service, but it is frequently chosen to accelerate timelines and reduce uncertainty during long processing periods.
Additional Costs Beyond the Basics
Biometrics and Its Role in Fee Calculation
The $85 biometrics fee applies when applicants are required to provide fingerprints at a designated center. This cost is typically billed separately and paid during the processing stage, ensuring background checks are completed as part of the overall case review.
Adjustment of Status Fees for Domestic Applicants
Applicants already in the United States who move from petition to green card must pay an additional $1,490 for Adjustment of Status. This covers processing the application to become a lawful permanent resident and includes identity verification and medical examination considerations where applicable.
Fee Waivers, Exemptions, and Considerations
When Waivers May Apply to EB-2 NIW Costs
Certain applicants may qualify for a fee waiver based on financial hardship, such as those receiving means-tested public benefits. Proper documentation must accompany the request, and approval is never guaranteed, so planning for standard fees remains the most reliable approach.
Fee Differences for Different Filing Locations
While the core fees mentioned above are standardized nationwide, foreign applicants filing through consulates may encounter additional administrative surcharges or variable processing charges. These location-based differences can affect the overall budget, making it important to confirm current rates with the relevant office.
Planning and Budgeting for EB-2 NIW
Building a Realistic Cost Estimate
When planning an EB-2 NIW application, it is wise to include base filing fees, biometric costs, and potential premium processing. Adding a buffer for ancillary expenses like document translation and travel ensures fewer financial surprises during the petition process.
Key Takeaways for Managing EB-2 NIW Fees
- Budget for the $700 I-140 filing fee as a fixed baseline cost.
- Consider Premium Processing at $2,500 if faster adjudication is a priority.
- Plan for $85 in biometrics when required by USCIS.
- Include $1,490 for Adjustment of Status if applying for a green card in the U.S.
- Check for potential fee waiver eligibility early and document hardship carefully.
FAQ
Reader questions
Do I need to pay the full $700 I-140 fee even if my case takes a long time?
Yes, the $700 Form I-140 fee is non-refundable regardless of processing delays or the final outcome of the petition, so it should always be included in your initial budget.
Can I add Premium Processing after I have already filed my NIW petition?
No, Premium Processing must be selected at the time of filing; it cannot be added later, so consider this option carefully before submitting your payment.
Will I have to pay the $1,490 adjustment fee if I apply for a green card from outside the U.S.?
No, the $1,490 Adjustment of Status fee applies only to applicants already in the United States; consular processing involves different fees and procedures.
Is the $85 biometric fee refundable if my NIW application is denied?
No, biometric fees are non-refundable even if the petition is ultimately denied, because the services such as fingerprinting and background checks have already been performed.