Visa—Dec 28, 2024

Impact of Employer Sponsorship vs. Self-Petitioning on the EB-2 NIW Process

EasyEB2.com
ByEasyEB2.com
EB-2 NIW Expert

Processing Times

  • Employer-Sponsored EB-2 NIW: Typically involves processing Form I-140 in around 9 to 10.5 months, subject to service center jurisdiction. Premium Processing can expedite this to 15 days [2][3].
  • Self-Petitioned EB-2 NIW: Generally ranges from 3 to 9 months for I-140, depending on case complexity and potential Request for Evidence (RFE) issuances [2][5]. Self-petitioning might experience longer waits due to the detailed scrutiny over fulfillment of national interest requirements.

Approval Rates

  • Both pathways have variable but generally high approval rates. EB-2 NIW overall holds an 80% approval rate on average [2]. The self-petition route may involve more scrutiny due to the need for evidence that aligns with U.S. national interest, potentially leading to lower approval likelihood versus employer-sponsored cases [4].

Cost Implications

  • Employer-Sponsored Route: Costs around $2,805 to $3,455 mainly in filing fees excluding attorney costs [5].
  • Self-Petitioned Route: Total costs including legal fees vary widely, typically between $7,000 to $23,000. Legal representation is often more crucial, leading to higher overall costs [2][5].

Industry Considerations

  • EB-2 NIW applicants predominantly emerge from STEM fields, healthcare, and entrepreneurship. While formal employer sponsorship is not a necessity under NIW, STEM and healthcare professionals frequently navigate both routes, aligning with national interest criteria [5][1].

Denial and Approval Dynamics

  • Employer-Sponsored: Approvals hinge on clear demonstration of job necessity and labor market impacts. Common denials may stem from inadequate proof of no adverse employment impact on U.S. workers [5].
  • Self-Petitioned: Success relies on standout personal qualifications and national merit of the work proposed. Applications might be denied for perceived lack of national importance or sufficient evidence supporting the endeavor [2][3].

Conclusion The choice between employer sponsorship and self-petitioning greatly affects the EB-2 NIW process with self-petition affording independence yet imposing costly legal demands and rigorous proof of national interest. Whereas employer sponsorship offers structured support, it may involve extensive wait times tied to labor certification. Applicants should weigh the benefits of control and flexibility in self-petitioning against the potentially mitigated risks and financial burdens through employer sponsorship.

Citations 1. [Boundless Immigration Resources](https://www.boundless.com/immigration-resources/eb2-niw-explained/) 2. [Visa2us](https://www.visa2us.com/niw) 3. [Boundless EB-2 Visa Explained](https://www.boundless.com/immigration-resources/eb2-visa-explained/) 4. [Legal Services Incorporated](https://legalservicesincorporated.com/immigration/national-interest-waiver/eb-2-niw-and-i-485-green-card-processing-timeline-in-2024/) 5. [Law Firm FAQs](https://www.lawfirm1.com/national-interest-waivers-niw-eligibility-requirements-process-eb-2-green-card-faqs/)

For more specific navigation through the process or handling recent changes, engaging a specialized immigration attorney is recommended to tailor strategy to individual professional circumstances.