As an immigration attorney who is focused on the EB2 national interest waiver green card, I am often asked about how long it will take to get a case processed and approved by USCIS. Currently, if you ask me that question, I will generally say about 18 months. Although the EB2 NIW was once processed within 5 to 9 months, there is currently a huge backlog.
If you are hoping to pay for premium processing for your national interest waiver, unfortunately, that service is not currently available. No one is exactly sure when USCIS will start offering EB2 NIW beneficiaries more rapid results through premium processing. Even immigration lawyers in your area are not certain about what is happening with premium processing for the EB2 NIW.
EB2 NIW has been authorized for premium processing
In late September 2020, while the pandemic was in full force, Donald Trump was still the President of the United States, and the backlog was becoming a behemoth, changes were made to premium processing policy.
Continuing Appropriations Act, 2021
On September 30, 2020, former President Trump signed the Continuing Appropriations Act, 2021. As part of that Act, allowances were made to expand the premium processing program.
One of the most exciting provisions of the Act for immigration lawyers and their employment-based green card clients was the inclusion of the EB-2 NIW as a Form I-140 category that was eligible for premium processing. But then nothing happened.
Changes to premium processing filing fees
Effective October 19, 2020, many green card categories that were eligible for premium processing experienced a fee increase from $1,440 to $2,500, including the EB-1A extraordinary ability green card.
When USCIS implements premium processing for the EB-2 national interest waiver petitions, the cost will be $2,500, as well. This, of course, is in addition to the $700 filing fee for Form I-140.
Authorization for premium processing
Even when USCIS finally institutes premium processing for the EB2 NIW, the policy is not planned to be the same as for the EB1A extraordinary ability green card. Although the Form I-907 fee will also be $2,500, the national interest waiver is set to have a promised processing time of 45 days.
This is a much longer time compared to the 15 calendar days afforded by EB-1A premium processing. But it is certainly better than the current EB2 NIW processing time of 18 months or more.
Your guess is as good as mine
But who knows when the EB2 NIW premium processing program will be implemented by USCIS. Also, many are wondering if USCIS will allow for previously filed petitions to be upgraded.
Can these EB-2 NIW cases be removed from that large pile that many of us imagine that they are festering in and get processed within 45 days? If you have filed a national interest waiver green card petition, or you plan to, you may want to consult with an immigration attorney near you to find out the latest on premium processing.
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