The EB-2 National Interest Waiver (NIW) visa is a valuable immigration option for highly skilled professionals seeking to contribute to the U.S. economy, sciences, arts, or any field that benefits the country. Unlike other employment-based visas, the EB-2 NIW waives the requirement of a job offer or labor certification, making it a popular choice for individuals with exceptional abilities or advanced degrees who wish to self-petition. However, applying for this visa can come with substantial financial considerations.
This guide will explore the overall EB-2 NIW visa cost, from application fees to supporting expenses, to give applicants a comprehensive understanding of the financial commitment involved.
EB-2 NIW Classification Overview
The EB-2 NIW visa falls under the Employment-Based Second Preference (EB-2) category, designed for applicants with an advanced degree or exceptional ability in their field. The “National Interest Waiver” component allows applicants to request a waiver of the job offer requirement if they can demonstrate that their entry would benefit the United States.
To qualify for the EB-2 NIW visa, applicants must meet one of the following criteria:
- Possess an advanced degree (master’s, Ph.D., or its foreign equivalent) in their field.
- Demonstrate exceptional ability in the sciences, arts, or business, which should be significantly above the norm for their field.
In addition to these qualifications, the applicant must provide evidence showing that their work will have a substantial positive impact on the U.S. and that waiving the job offer requirement is in the nation’s interest.
If you’re unsure about how your qualifications align with these requirements, consulting with an experienced immigration attorney, such as those at The Law Offices of Sweta Khandelwal, can provide clarity and guidance.
Recent Changes to USCIS Fee Requirements
Recent changes to the USCIS fee requirements for the EB-2 National Interest Waiver (NIW) have introduced a new fee structure that affects self-petitioners. Here are the key updates:
- Asylum Program Fee: A new Asylum Program Fee of $300 has been introduced for self-petitioners under the EB-2 NIW and EB-1A categories. The Reduction in the fee is only available to small employer petitioners with 25 or fewer full-time equivalent employees (these petitioners will pay half-price or a $300 Asylum Program Fee). This fee is a reduction from the previously expected $600 fee, making it more affordable for individuals applying under these classifications.
- Fee Structure Overview: The updated fee structure is part of a broader adjustment by USCIS, which aims to stabilize funding and improve service delivery. The fees collected are crucial for maintaining efficient processing times and reducing backlogs within the agency. USCIS receives 96% of funding from filing fees.
- Impact on Applicants: While the reduced fee is beneficial, applicants must still consider this additional financial requirement when budgeting for their immigration process. The changes reflect USCIS’s strategy to enhance operational efficiency while providing necessary services to applicants.
These adjustments are particularly significant for individuals seeking to establish themselves in the U.S. based on their exceptional skills and contributions, as they streamline some of the financial burdens associated with the application process.
Also Read: EB-2 EB-3 Visa: Trends & Predictions
Financial Implications for Applicants
The EB-2 NIW visa cost is not limited to the USCIS filing fees alone. Various other expenses arise throughout the application process, from attorney fees to document translation and processing costs. Let’s break down the key financial components involved in an EB-2 NIW visa application:
1. USCIS Filing Fees
The Form I-140, which is the core petition for an EB-2 NIW visa, currently requires a filing fee of $715. This fee has increased as part of USCIS’s revised fee structure. It’s non-refundable and must be paid when submitting the petition.
In addition, if the applicant is already in the U.S. and wishes to adjust their status to permanent residency, they’ll need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with a current filing fee of $1,440 for adults, along with an $85 biometric fee.
Summary of Essential USCIS Fees:
- Form I-140 Filing Fee: $715
- Form I-485 Filing Fee (if applicable): $1,440
- Biometric Fee (if applicable): $85
These fees are critical components of the EB-2 NIW visa cost and may vary depending on the applicant’s circumstances. USCIS fee adjustments mean applicants must keep track of any upcoming changes and budget accordingly.
2. Asylum Program Fee
A new Asylum Program Fee of $300 has been introduced for self-petitioners under the EB-2 NIW category. This fee was initially expected to be higher but was reduced from an anticipated $600, making it more manageable for applicants. For small employer petitioners with 25 or fewer full-time equivalent employees (these petitioners will pay half-price or a $300 Asylum Program Fee), the $300 reduced asylum program fee is not available to all petitioners.
3. Adjustment of Status or Consular Processing
- If the applicant is in the U.S., they will need to file Form I-485 (Application for Adjustment of Status), which incurs additional fees.
- For those applying from abroad, a consular processing fee of $345 applies.
4. Medical Examination Fees
Applicants must also budget for medical exams required as part of the immigration process, which can range from $200 to $400, depending on the provider and location.
5. Premium Processing (If Applicable)
Premium Processing is available for NIW petitions. Form I-140, Immigrant Petition for Alien Workers EB-1 (E11, E12), EB-2 (E21 non-NIW), or EB-3 (E31, E32, EW3) immigrant classification 15 Days EB-1 (E13) or EB-2 (E21 NIW) immigrant classification 45 Days (after all prerequisites are met).
Although premium processing is currently unavailable for NIW petitions, USCIS occasionally updates its policies, so applicants should monitor USCIS announcements. Premium processing, when available, expedites the review of the I-140 petition to 45 calendar days. This service comes with an additional fee, currently $2,805, but applicants are advised to confirm its availability for the EB-2 NIW classification.
6. Attorney Fees
Although hiring an attorney is not a requirement, many applicants choose to seek professional legal assistance due to the complexity of the EB-2 NIW application. Attorney fees can vary widely depending on the attorney’s experience, location, and the specific services offered. On average, attorney fees for an EB-2 NIW petition range from $3,000 to $10,000 (approximately).
The scope of legal services generally includes preparing and reviewing documentation, helping to draft a compelling national interest waiver argument, and guiding the applicant through potential Requests for Evidence (RFEs) from USCIS. While attorney fees may constitute a significant portion of the EB-2 NIW visa cost, the professional guidance provided can be instrumental in building a successful application.
7. Translation and Document Certification
For applicants submitting documents in languages other than English, translation services are essential. Translations must be certified to meet USCIS standards, ensuring that the content accurately reflects the information in the original documents.
Professional translation fees typically range from $20 to $50 per page, depending on the language and complexity. This cost can add up if the applicant has several academic transcripts, employment records, or recommendation letters in another language.
8. Costs Associated with Supporting Documentation
The EB-2 NIW petition requires substantial supporting documentation to validate the applicant’s qualifications, including degrees, awards, letters of recommendation, and evidence of work that benefits the U.S. economy or national interest. While gathering these documents, applicants may incur costs such as:
- Obtaining copies of academic transcripts and certifications.
- Securing letters of recommendation from experts in their field, which sometimes involves administrative fees.
- Gathering evidence of contributions or published work (such as journal subscriptions or access fees for research papers).
Seeking professional assistance from an accomplished firm in immigration law, such as The Law Offices of Sweta Khandelwal, can help streamline these processes and potentially reduce unexpected costs.
USCIS’s Funding Strategy
The fee hikes implemented by USCIS are part of a broader funding strategy to maintain operational efficiency, address backlogs, and improve service delivery. As a self-funded agency, USCIS relies on application fees to fund its operations, including case adjudication, technology upgrades, and customer service improvements.
By increasing fees, USCIS aims to modernize its systems, reducing processing times and providing applicants with more consistent and timely updates.
For EB-2 NIW applicants, the impact of this funding strategy means additional costs but also potential benefits in the form of faster processing times, enhanced security for personal data, and more streamlined services.
However, applicants should be prepared for future fee increases as USCIS continues to adjust its funding approach.
Also Read: Permanent Work Visas/Employment-based Green Cards
Practical Tips for Managing EB-2 NIW Visa Costs
Given the substantial EB-2 NIW visa cost, applicants can take several steps to manage expenses and ensure a smoother financial journey:
- Budget for Unforeseen Costs: Additional expenses may arise during the application process, including costs related to RFEs or acquiring additional evidence. Setting aside extra funds can help applicants handle any unexpected fees.
- Plan Early for Documentation Needs: Begin gathering essential documents well in advance, and obtain certified translations if necessary to avoid delays and last-minute costs.
- Explore Financing Options for Legal Fees: Some immigration law firms offer payment plans or financing options, which can make it easier to manage high legal fees over time.
- Stay Informed of USCIS Fee Adjustments: Since USCIS periodically revises its fee structure, monitoring announcements on its official website can help applicants anticipate cost changes and adjust their budgets accordingly.
- Consider Using Online Tools and Resources: USCIS has launched various online tools that help applicants check their application status, calculate fees, and access relevant information. Leveraging these resources can simplify the application process and minimize potential errors that could lead to additional costs.
Conclusion
Applying for an EB-2 NIW visa is a significant investment for individuals seeking to make a lasting impact in the United States. From USCIS fees to legal and translation costs, the EB-2 NIW visa cost encompasses multiple expenses that applicants must consider before embarking on the application process. The recent USCIS fee increases reflect the agency’s commitment to funding its operations and addressing the rising demand for immigration services. While these adjustments add to the overall financial burden, they also promise improved service quality and faster processing times in the long run.
Careful planning, budgeting, and a thorough understanding of the fee requirements can help applicants manage their EB-2 NIW visa cost-effectively. For those aiming to pursue this path, the investment in the application process represents not only a financial commitment but also a step toward achieving their professional and personal aspirations in the U.S. By following the strategies and tips outlined here, prospective EB-2 NIW applicants can make informed financial decisions and increase their chances of a successful application.
If you’re ready to start your EB-2 NIW journey, consider consulting The Law Offices of Sweta Khandelwal, a specialized immigration law firm with over 18 years of experience. Led by Sweta Khandelwal, a seasoned immigration attorney, the firm offers comprehensive services for business immigration, family immigration, visas, green cards, and citizenship matters.
Contact Sweta Khandelwal today to ensure your EB-2 NIW application is backed by experienced legal guidance tailored to your unique needs.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
