EB2 NIW Premium Processing: Timeline, Cost, Eligibility & Filing Tips (2025)

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Contributors
Remzi G. Kulen
11 Jan 2023
Our law firm specializes in providing comprehensive legal support for corporations, startups, and businesses of all sizes.

Introduction

If you're applying for a green card through the EB2 National Interest Waiver (NIW) category, you now have access to a game-changing tool: premium processing. This service, once limited to H-1B and L-1 petitions, now allows eligible EB2 NIW applicants to expedite their case—cutting down processing times from over a year to just 45 business days.

In this article, we break down EB2 NIW premium processing in 2025, including updated timelines, filing fees, eligibility rules, and when to use it. We’ll also explain how an experienced EB2 NIW lawyer can help you prepare a decision-ready petition that avoids delays.

For general EB2 NIW eligibility, evidence, and green card transition, see our full EB2 NIW Guide.

What Is EB2 NIW Premium Processing?

Premium processing is a paid USCIS service that guarantees a decision—or initial response—within 45 business days of receiving your I-140 petition. For EB2 NIW applicants, this means:

  • You can receive a USCIS decision (approval, denial, RFE, or NOID) much faster

This service became available for EB2 NIW filers as part of USCIS’s phased expansion between 2022–2023.

How Long Does EB2 NIW Premium Processing Take?

USCIS guarantees a 45 business day response time for EB2 NIW petitions filed with premium processing.

Process Type
Estimated Time
Premium Processing 45 business days
Regular Processing 10–15 months
This applies only to Form I-140, the immigrant petition stage—not to I-485 (Adjustment of Status).

EB2 NIW Premium Processing Fee (2025 Update)

As of June 2025, the premium processing fee for EB2 NIW is $2,805.

Key points:

  • Must submit Form I-907 with your I-140 petition or file it later
  • Fee is refundable if USCIS does not act within 45 calendar days
  • Does not cover your I-485 or EAD/AP forms

Should You Use Premium Processing for EB2 NIW?

While premium processing offers speed, it’s not always the right fit for every applicant. Consider using it if:

✅ You want to file I-485 concurrently (if the visa numbers are available) and need I-140 approved fast
✅ Your priority date is current (or close)
✅ You need a green card urgently due to work, medical, or family reasons
✅ You’ve filed a very strong, decision-ready case

Avoid premium processing if:

  • Your priority date isn’t current (it won’t speed up final approval)
  • You’re still gathering supporting evidence
  • Your petition may trigger an RFE without further strengthening
Work with an experienced EB2 NIW lawyer to assess whether premium is right for your filing.

EB2 NIW Premium Processing Eligibility

  • Applies to the NIW-based EB2 I-140 petition
  • Available for both new and pending I-140 petitions
  • If already filed, you can add premium processing later by submitting Form I-907

Common eligible professions:

  • Medical doctors and researchers
  • STEM professionals and startup founders
  • Academic scholars
  • Environmental and policy experts
Confirm eligibility in our full EB2 NIW Guide.

How a Lawyer Helps Expedite Your NIW Petition

Premium processing is only useful if your petition is strong enough to be approved quickly. That’s where professional legal support matters.

A skilled EB2 NIW lawyer can:

  • Prepare a decision-ready petition (minimizing RFE risk)
  • Organize evidence around USCIS’s Dhanasar framework
  • Monitor your priority date and timing for concurrent filing
  • Assist with all forms including Form I-140, Form I-907, and Form I-485 (if applicable)
The team at Kulen Law Firm has successfully expedited EB2 NIW petitions for clients in medicine, academia, tech, and beyond.

Frequently Asked Questions

Does EB2 NIW automatically include premium processing?
→ No. It must be requested with Form I-907 and the $2,805 fee.

Does premium processing guarantee approval?
→ No, but it guarantees a response within 45 business days (approval, denial, or RFE).

Can I file Form I-907 after I’ve already submitted I-140?
→ Yes. USCIS allows premium upgrades on pending EB2 NIW cases.

Can I file I-485 and I-140 together using premium?
→ Yes, but only if your priority date is current.

Final Thoughts

EB2 NIW premium processing is one of the most effective tools for speeding up your green card journey—when used strategically. If your case is strong and your timing is right, this 45-day upgrade can make a huge difference in your career and life planning.

For personalized guidance and fast-track support, speak with an experienced EB2 NIW lawyer today.
Learn more in our comprehensive EB2 NIW Guide.

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