Visa—Dec 17, 2024

The process and cost of filing an EB-2 NIW petition

EasyEB2.com
ByEasyEB2.com
EB-2 NIW Expert

The process of filing an EB-2 National Interest Waiver (NIW) petition

The process of filing an EB-2 National Interest Waiver (NIW) petition is a complex venture, with multiple cost components that applicants should thoroughly consider. Below is a breakdown of the costs associated with filing this petition, including legal fees and application charges.

Legal Fees

The legal fees for an EB-2 NIW case can vary significantly, depending on an attorney's expertise and the intricacy of the case:
  • Lower End Fees: Attorneys might charge around $3,980, covering the preparation of forms, drafting support letters, and providing consultations [1].
  • Higher End Fees: Fees can escalate to between $7,000 and $15,000, which include comprehensive case preparations and responses to any Requests for Evidence [2].
To manage these costs, some attorneys offer payment plans, allowing monthly installments over a period [2].

USCIS Filing Fees

There are specific charges associated with the filing of necessary forms:
  • Form I-140: The filing fee is $700, which will increase to $715 in April 2024, accompanied by an additional Asylum Program Fee [3].
  • Form I-485: The current fee stands at $1,140, going up to $1,440 in April 2024. It includes a biometrics fee [3].

Additional Costs

  • Medical Examination Fee: This cost varies but typically falls between $200 and $400.
  • Premium Processing (Optional): A premium processing option is available for certain pending cases for a fee of $2,500, which will rise to $2,805 by February 2024 [4].

Total Expected Costs

Considering legal fees and USCIS charges, the total costs for filing an EB-2 NIW petition can range substantially:
  • Estimate with USCIS and Legal Fees: The overall expenditure ranges from $2,805 to upwards of $13,475, excluding any optional services [5].

Conclusion

The costs associated with pursuing an EB-2 NIW are substantial, influenced by the chosen legal representation, necessity for expedited processing, and any additional documentation required. While the EB-2 NIW provides a self-petitioning route without requiring employer sponsorship, understanding these expenses is crucial to making informed decisions about potential immigration pathways. As these costs can be significant, applicants should ensure their cases are well-prepared to optimize chances for success.

Sources

  1. https://nationalinterestwaivers.com/about/attorney-fees-and-costs
  2. https://highskilledimmigration.com/legal-fees
  3. https://attorneyforusimmigration.com/blog-eb2-niw-cost/
  4. https://ogletree.com/insights-resources/blog-posts/uscis-to-increase-filing-fees-for-premium-processing-effective-february-26-2024/
  5. https://eb2niw.info/2022/05/31/eb2-niw-cost/