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EB-2 NIW · Premium processing

EB-2 National Interest Waiver

Timeframe: 45 business days

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Premium processing

For an NIW I-140, premium processing means USCIS takes action within 45 business days. The fee is $2,965, in effect since March 1, 2026.[1,2,3]

For NIW petitions, the regulation starts the 45-business-day clock only when USCIS has received all prerequisites for adjudication, the form, and the fee.[1]

Action means an approval, a denial, an RFE, or a NOID. USCIS may also keep the fee without acting in time if it opens a fraud or misrepresentation investigation.[1,2]

An RFE or NOID stops the clock, and a new 45-business-day period starts when USCIS receives your response.[1,2]

If USCIS does not act within the timeframe, it refunds the premium processing fee and continues to process the case.[1]

Business days exclude weekends, federal holidays, and days federal offices are closed, including closures in the region where the case is decided.[1]

You can request premium processing with the I-140 (by mail) or later. For a pending I-140, mail Form I-907 with a copy of the receipt notice to the USCIS lockbox that the Direct Filing Addresses for Form I-140 page lists for the state where you will work, or upload it in your online account if your receipt number starts with IOE. The mailing location changed on October 7, 2026; USCIS accepts filings sent to the previous location if postmarked on or before November 9, 2026.[2,4,5]

As a self-petitioner you are both petitioner and beneficiary, so you may sign and file Form I-907 yourself. Fee waivers are not available for Form I-907.[1,2]

Because NIW petitions can use premium processing, USCIS generally does not accept discretionary expedite requests for them, except from nonprofits designated by the IRS.[2]

High confidence Premium processing covers the I-140 only. It does not speed up Form I-485 and does not change when an EB-2 visa number becomes available to you.[2,6]

USCIS can suspend premium processing if it cannot complete a significant number of requests within the timeframe.[1]

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

  1. 1.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  2. 2.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
  3. 3.Adjustment to Premium Processing Fees - final rule (91 FR 1059)DHS (Federal Register) · Federal Register · Published Jan 12, 2026 · Checked Sep 27, 2026
  4. 4.Direct Filing Addresses for Form I-140, Immigrant Petition for Alien WorkerUSCIS · Agency page · Checked Oct 12, 2026
  5. 5.I-140, Immigrant Petition for Alien Workers - USCISUSCIS · Form / instructions · Checked Sep 27, 2026
  6. 6.Visa Availability and Priority DatesUSCIS · Agency page · Checked Sep 27, 2026