Premium processing for EB-2 NIW offers a way to speed up part of the immigration journey. By paying an additional fee, you can receive a faster decision from USCIS — but only for the Form I-140 stage of the process.
Ordinarily, I-140 petitions can take several months to be reviewed, sometimes stretching even longer. With premium processing, however, USCIS commits to making a decision within 45 business days.
It’s important to note that premium processing for EB-2 NIW does not accelerate the rest of your green card process. But if you are eager to know the outcome of the I-140 phase of the application, premium processing may offer valuable peace of mind.
Who Can Request Premium Processing for EB-2 NIW?
USCIS began allowing premium processing for EB-2 NIW on January 30, 2023. Since then, both new and previously filed EB-2 NIW petitions (classified as E21) have been eligible.
You can request premium processing if:
- Your petition is filed under the EB-2 NIW category.
- You or your attorney files Form I-907 correctly.
- You pay the required fee (currently $2,805 as of February 2024).
It’s important to note that in most EB-2 NIW cases, the person applying (the petitioner) is also the immigrant (the beneficiary). However, only the petitioner or their legal representative can submit the request for premium processing. A beneficiary who is not the petitioner can’t request it on their own.
How to Request Premium Processing for EB-2 NIW (Step-by-Step)
Here’s how to properly request premium processing for your EB-2 NIW petition:
Step 1: Prepare Your EB-2 NIW Petition (Form I-140)
Start by preparing a strong I-140 petition under the EB-2 NIW category. This includes gathering evidence of your advanced degree or exceptional ability, letters of recommendation, a personal statement, publications, and proof of national interest impact.
Step 2: Fill Out Form I-907
Download and complete Form I-907 (Request for Premium Processing). Make sure it’s signed and includes the correct $2,805 fee.
Fees are subject to change, so double-check the latest USCIS fee schedule.
Step 3: Decide When to File
There are two timing options:
- Concurrent filing: Submit Form I-907 and the I-140 petition at the same time.
- Subsequent filing: File Form I-907 separately after the I-140 has already been submitted and is still pending.
In either case, Form I-907 must be sent to the correct USCIS location. If the I-140 is already under review, then I-907 must go to the specific service center currently handling that petition. For example, if your I-140 is being processed by the Texas Service Center, I-907 should also be sent there.
Step 4: Submit the Correct Payment
You can pay using a check, money order, or credit card (via Form G-1450). It’s crucial to use the exact fee amount. USCIS will reject any submission with incorrect or missing payment.
Step 5: Mail to the Correct Address
Use the most up-to-date USCIS mailing addresses. These are listed under “Direct Filing Addresses for Form I-140” on the USCIS website. The address depends on your location and whether you’re filing by mail or courier.
Step 6: Save Your Receipts
Once received, USCIS will issue separate receipt notices for Form I-140 and Form I-907. These notices confirm that your petition has entered premium processing and officially start the eb2 niw premium processing time clock.
What Happens After Filing?
Once your request is received:
- USCIS has 45 business days to respond.
- If they don’t take action within the 45-day period, you’ll get a full refund of the premium fee.
Just remember — paying for premium processing doesn’t mean you can submit a weak or incomplete petition. USCIS still expects a strong, well-supported case. Premium processing speeds up the timeline, but it doesn’t lower the standard.
Timeline Expectations: What to Really Expect
When you choose EB2 NIW premium processing, USCIS commits to processing your Form I-140 within 45 business days — which works out to about nine calendar weeks. That’s a big improvement over the regular timeline.
In reality, many applicants are seeing an even faster turnaround. A mid-2025 report showed that the median EB2 NIW premium processing time was just 21 days.
In contrast, regular I-140 petitions for EB-2 NIW often take 6 to 8 months, and in some cases, up to 1–2 years if there are visa backlogs or complicated case issues.
If you’re from a country with a visa backlog (like India or China), premium processing won’t help you skip the line. However, it does let you lock in your priority date quickly, which can be crucial in fast-moving visa categories.
Is Premium Processing for EB-2 NIW Worth It?
EB2 NIW premium processing is not a shortcut to a green card — but it is a way to move through the I-140 stage much faster and with more certainty. It’s especially useful if:
- You need to plan your next steps (like changing jobs or filing Form I-485).
- You want to lock in your priority date quickly.
- You’re confident your petition meets all the eligibility requirements.
However, it may not be the best choice if you’re on a tight budget or your petition still needs work. So if you’re not ready, it’s often smarter to strengthen your case and file under regular processing.
Ultimately, premium processing is most valuable when your case is fully prepared. If those boxes are checked, the higher fee may be a small price to pay for a faster, clearer path forward.
Frequently Asked Question about premium processing
Does premium processing speed up the entire EB-2 NIW process?
No, It guarantees that USCIS will take action (approval, denial, or request for evidence) within 45 business days. However, it does not affect other stages like Form I-485 (Adjustment of Status) or consular processing for applicants outside the U.S.
What happens if USCIS doesn’t meet the 45-day deadline?
If USCIS fails to issue a decision or a Request for Evidence (RFE) within 45 business days of receiving your premium processing request, they are required to refund the premium processing fee — currently $2,805.
However, this refund doesn’t mean your case is denied or abandoned. USCIS will continue processing your petition as quickly as possible, and your application will remain active even after the refund is issued.
Can I file premium processing for an EB-2 NIW at any time?
Yes, premium processing can be requested either when you first file your I-140 petition or later by filing a Form I-907 to upgrade a pending case.
However, USCIS may temporarily suspend premium processing during periods of high demand or system updates.
It’s important to confirm current eligibility on the USCIS website or with your immigration advisor before submitting a request to avoid delays or rejection of your premium request.
Ready to Move Forward with Your EB2 NIW Application?
You don’t have to figure it all out on your own. At My Green Card Story, we specialize in guiding EB1A applicants with expert, personalized support every step of the way.
Book your consultation today and take the next step with confidence.
For official guidelines and eligibility details, visit the USCIS website.
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