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EB-2 NIW (National Interest Waiver) — Complete Cost Breakdown 2026

Full breakdown of EB-2 NIW (National Interest Waiver) filing fees, government charges, and estimated attorney costs. Fees effective April 2026 — reflecting the latest USCIS fee schedule including March 2026 premium processing increases.

EB-2 NIW Total Cost 2026: Quick Reference

FeeAmountNotes
I-140 Filing Fee (I-140)$715Self-petition — no employer required
Premium Processing (I-907)$2,965Optional — guarantees 15 business day action
I-485 Adjustment of Status$1,620Includes biometrics — filed separately after I-140 approval
Medical Exam (I-693)~$250–$500Required with I-485; paid to USCIS-designated physician
Attorney Fees (optional)$3,000–$6,000Varies by complexity; many self-petition successfully
Total (I-140 + I-485, no attorney)$2,335–$2,585Government fees only, with I-485 (no premium)
Total (with attorney, no premium)$5,335–$9,085I-140 + I-485 + med exam + attorney

⚠️ Verify current fees at uscis.gov/forms/filing-fees before filing. April 2026 USCIS fee schedule applies.

EB-2 NIW vs. EB-1A: Fee Comparison 2026

Both EB-2 NIW and EB-1A allow self-petition with I-140 at the same filing fee. The main difference is eligibility standard — EB-1A requires "extraordinary ability" (top of field); EB-2 NIW requires "exceptional ability" + national interest waiver.

FeeEB-2 NIWEB-1A
I-140 Filing Fee$715$715
Premium Processing$2,965 (optional)$2,965 (optional)
I-485 Adjustment of Status$1,620$1,620
Attorney Fees (est.)$3,000–$6,000$3,500–$7,000
Total (gov fees, no premium)$2,335$2,335
Per-country backlogs?Yes (India/China: decades)Yes (India/China: decades)
Employer required?No — self-petitionNo — self-petition
Eligibility standardExceptional ability + NIWExtraordinary ability (top 1%)

Filing costs are identical between EB-2 NIW and EB-1A. The decision between them is entirely about eligibility: EB-2 NIW has a lower evidentiary bar, while EB-1A allows concurrent filing with I-485 regardless of priority date. Compare EB-2 NIW vs. EB-1A in detail →

⚠️ Fees change frequently. Always verify current fees at USCIS.gov/forms/filing-fees before filing.
Government Filing Fees
$3,680
Base government fees (without premium)
Estimated Total Cost
$6,680–$9,680
Including attorney fees
Primary Form
I-140
Main filing form
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EB-2 NIW (National Interest Waiver) — Fee Breakdown

Fee TypeAmountNotes
USCIS Filing Fee$715Base petition fee
Premium Processing (I-907)$2,965Optional — 15 business day guarantee
Attorney Fees (estimated)$3,000–6,000Varies by attorney and complexity
Estimated Total$6,680–$9,680Government + attorney

Important Notes

Self-petitioned — no employer sponsor required. Separate I-485 filing fee ($1,620) required for adjustment of status. Biometrics ($85) included in I-485 fee. Medical exam (I-693) approx. $250–$500 additional.

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Frequently Asked Questions

How much does a EB-2 NIW (National Interest Waiver) cost in 2026?
Total cost for a EB-2 NIW (National Interest Waiver) is approximately $6,680–$9,680 including government filing fees ($3,680) and attorney fees ($3,000–6,000). Fees vary by case complexity.
Who pays the government filing fees?
For employer-sponsored visas like H-1B, employers are legally required to pay USCIS filing fees. The H-1B statute prohibits employers from passing the basic filing fee to the employee. Attorney fees may be split or paid by the employer.
Is premium processing worth it?
Premium processing ($2,965) guarantees a USCIS action within 15 business days. It's worth it if you need certainty about your start date, are changing jobs, or face an urgent situation. Note: premium processing guarantees a decision (approval, denial, or RFE) — not necessarily an approval.
What is the total cost to file EB-2 NIW in 2026?
The government-only cost for EB-2 NIW in 2026 is $715 (I-140 petition fee). If you also file I-485 Adjustment of Status, add $1,620 (which includes biometrics). Optional premium processing for I-140 adds $2,965. A medical exam (I-693) for I-485 costs $250–$500 at a USCIS-designated physician. Total government fees without attorney: $2,335–$2,585. With attorney ($3,000–$6,000): $5,335–$9,085. Note: April 2026 USCIS fee increases apply to all new filings.
Do I need a lawyer to file EB-2 NIW?
No — EB-2 NIW is a self-petition, meaning no employer sponsor is required. Many applicants file pro se (without an attorney), particularly academics, researchers, and STEM professionals with strong publication records. That said, the petition requires a carefully written "Matter of Dhanasar" argument demonstrating national importance — which is where attorney guidance adds the most value. Whether to hire one depends on your case complexity and confidence in drafting legal argument.
Is the EB-2 NIW I-140 fee the same as EB-1A?
Yes — both EB-2 NIW and EB-1A use the same Form I-140 with the same $715 filing fee (as of April 2026). Both allow self-petition. The choice between them is about eligibility, not cost. EB-1A requires demonstrating "extraordinary ability" (top of your field nationally or internationally), while EB-2 NIW requires "exceptional ability" plus passing the three-prong Dhanasar national interest waiver test. EB-1A has an advantage: if approved, you can concurrently file I-485 regardless of whether a visa number is immediately available.