Our first part in the EN-2 NIW series explained the advantages and eligibility requirements for EN-2 NIW, while our second blog covered the EB2-NIW petition along with the green card adjustment process. In this third and final part of our series, we’ll break down two important questions many applicants ask: How long does the EB-2 NIW process take? And what will it cost?

The timeline for an EB-2 NIW can vary based on your background, but we can outline the typical sequence and give ballpark timeframes for each stage. Keep in mind that there are two overlapping factors: the petition processing time and the priority date wait for the green card. Please note that processing times may differ due to factors like the current backlog, administrative changes, and more. To get the exact processing times, always refer to the USCIS website.

This guide gives you a clear picture of both. No guesswork. No surprises. Just a straightforward look at what lies ahead on your path to permanent residency.

EB2 - NIW Timeline

Here’s a rundown of a sample timeline from start to finish:

• Gathering Documents & Preparing Petition: This part is in your control. It might take a few weeks to a few months, depending on how quickly you can compile letters of recommendation, prepare your personal statement, and gather all the evidence. If you’re working with an attorney, this often takes 1-3 months of coordination and drafting to get everything ready for filing. At Casium, we’ve streamlined that entire process. Our expert team and AI-powered tools help you get everything ready at record speed without compromising on quality.
  
  
• I-140 Petition Filing: Once you file, you’ll get a receipt notice in about 2–3 weeks. From the filing date, the clock starts on USCIS processing. As of early 2025, regular processing times for NIW I-140 petitions can range roughly 6 to 12 months, sometimes more. It depends on the service center and their workload. You can monitor current estimates on the USCIS website.
  
  
• Addressing RFEs, if any: If USCIS issues a Request for Evidence (RFE), that can extend the timeline. Typically, they’ll give you about 84 days to respond, and once you reply, processing resumes. But here’s the nuance: not all RFEs are created equal. A straightforward request like missing documentation or a quick clarification, might take just a few days to handle. On the flip side, a more complex or “blanket” RFE questioning multiple eligibility criteria could take weeks to fully address. For example, if you receive an RFE around month 6, you might need until month 8 to gather everything, and then USCIS might issue a decision by month 10. That’s just one scenario, of course. If your initial petition is especially strong, you might not get an RFE at all.
  
  
• Premium Processing Option: You have the option to upgrade to premium processing for the I-140 NIW. With premium processing, USCIS guarantees action: approval, denial, or RFE, within 45 business days for NIW cases. In calendar terms, 45 business days is about 9 weeks. If you choose premium from the start, you might get a decision in about 2 months. If you file regular processing but later upgrade, USCIS will then process within 45 days of the upgrade request. Premium doesn’t guarantee approval, but it guarantees a faster answer. Many NIW applicants now use premium processing to speed things up, especially if they are in the U.S. and want to file I-485 quickly or have other time-sensitive plans.
  
  
• I-140 Approval: Once approved, you’ve cleared the biggest hurdle. The approval notice will come, and your priority date is established as the date of filing of the I-140. If you are from a country without a backlog, your priority date will likely be current immediately or very soon. Make sure you check the monthly Visa Bulletin published by the Department of State to track your priority date. For example, if you’re from a country in “All Chargeability Areas Except Those Listed”, meaning not India or China, etc., the EB-2 cutoff date might be around mid-2023 as of 2025​. If your priority date is later than that, you’d wait until the cut-off advances beyond your date. The Visa Bulletin tends to advance gradually. For India and China, as noted, there are significant delays. Priority dates for Indian EB-2 visas are significantly retrogressed while China is a few years behind.
  
  
• Filing I-485 Adjustment of Status (if in U.S. and current): If you’re in the U.S. and your date is current, you can file the I-485 as soon as you have the I-140 receipt or approval. If you chose to file concurrently, that means you submitted your I-485 while the I-140 was pending. Concurrent filing can save some calendar time because the I-485 can be processed in parallel. If not concurrent, you’ll file after approval. In any case, once the I-485 is filed, you and your family can also apply for interim work and travel permits. For the most up-to-date processing times, visit the USCIS website.
  
  
• I-485 Processing: Adjustment of status typically involves background checks, and possibly an interview. The timeline for I-485 can be roughly 8 to 12 months in many jurisdictions, though this varies depending on various factors. As always, please refer to the USCIS website for the most up-to-date details. Some applicants get approved in as fast as 6 months, others wait over a year. Unfortunately, there isn’t a premium processing for I-485; it’s just a matter of queue and background processing. Once your biometrics are processed, USCIS may either schedule you for an interview or, if none is required, send your approval by mail. Family members’ I-485s are usually approved around the same time as the primary.
  
  
• Green Card Issuance: Once your I-485 is approved, within a few weeks you’ll receive a USCIS-issued “Permanent Resident Card” in the mail. That’s the finish line!
  
  
• Consular Processing Timeline: If you choose consular processing, after your I-140 approval, you’ll go through the National Visa Center and then wait for an interview. If the visa dates are current, this process might take around 6–8 months after I-140 approval.
  
  

To illustrate, consider two scenarios:

• Applicant A from Germany files NIW I-140 in January 2025 with premium processing. By mid-March 2025, the I-140 is approved. The EB-2 cut-off for “all others” is June 2023, but since her priority is Jan 2025, she must wait until the cut-off catches up, which might be sometime in 2026 or 2027, depending on visa bulletin movement. She continues working on her O-1 visa in the meantime. By July 2026, the visa bulletin date exceeds Jan 2025, so her date is current. She files I-485 in August 2026. By May 2027, her I-485 is approved and she gets her green card. Total time: about 2.3 years, mostly waiting for priority date.
  
  
• Applicant B from Brazil files NIW I-140 in January 2025 with regular processing. The case is approved in December 2025 (11 months). Brazil is in “all others” which by late 2025 has a cut-off in 2024, so his priority date 2025 isn’t current yet. However, he opts to remain on an H-1B visa and not file I-485 concurrently. By mid-2026, dates become current and he files I-485. Early 2027, his green card is approved. Total time: ~2 years. If he had done premium or concurrent filing, it could possibly have been a few months shorter.
  
  
• Applicant C from India files NIW I-140 and gets approved, but unfortunately will wait many years for a visa. She might renew her H-1B or use other avenues to stay in legal status each year. If India’s date is 2013 and she filed in 2025, that’s roughly a 12-year backlog unless the situation improves. In such a case, she has the option to upgrade to EB-1A and port the priority date from her EB-2 NIW, even if the actual green card is far out.
  
  

The big variable in the timeline is really the priority date backlog. For many people not from oversubscribed countries, an NIW green card might be achievable in ~1.5 to 3 years total. For those from India or China, it could be longer primarily due to quota waits or delays. On a positive note, NIW being in EB-2 is somewhat faster in the quota than EB-3 for those countries, and significantly more accessible than the EB-1C category which is backlogged too. Plus, you have control with NIW, you aren’t stuck if you change jobs, etc., during the wait.

One more timeline consideration: If you need work authorization sooner and you don’t have a nonimmigrant status allowing work, you might want to file the I-485 as soon as possible. This option is available only if your priority date is current.  By filing your I-485, you can get an EAD in a few months and not be dependent on H-1B or other statuses while you wait for the green card. Many people file I-485 concurrently to get the benefits of “adjustment pending” status, like the freedom to work on EAD and travel on Advance Parole.

The NIW process is a marathon, except the I-140 sprint if you choose premium processing. Having a clear view of the steps helps manage expectations and plan your career moves accordingly.

EB2 - NIW Legal Fees

Navigating the NIW process also means budgeting for the various fees involved. Here’s a rundown of the current USCIS filing fees (as of 2024-2025) relevant to an EB-2 NIW case, as well as other associated costs:

• Form I-140 Filing Fee: The standard fee for Form I-140 is $715​. This fee applies to all EB-2 petitions, including NIW. You pay this to USCIS when you file the I-140 petition.
  
  
• NEW: Asylum Program Fee (for self-petitioners): Beginning in 2024, USCIS implemented an additional fee for certain immigrant visa petitions to fund the asylum program. For EB-1A and EB-2 NIW petitions filed by self-petitioners, there is an Asylum Program Fee of $600. However, if you, as the petitioner, qualify as a small business (25 or fewer employees) or are an individual, the fee is reduced to $300​. Practically, an individual filing an NIW will pay this $300 in addition to the base fee. In the I-140 form, you’ll check a box indicating you have 25 or fewer employees to get the reduced fee. So, most NIW filers will be paying $715 + $300 = $1,015 total to USCIS for the I-140 petition.
  
  
• Premium Processing Fee (Optional): If you choose to request premium processing for the I-140, the fee is $2,805 as of the latest adjustment​. This is in addition to the above fees. Premium processing is requested via Form I-907, which can be filed with the I-140 or after. For NIW, since premium guarantees 45-day processing, the price tag is something to consider based on how valuable time is in your situation. For reference, without premium, you might wait many months; with it, you cut that to ~2 months. If that time savings could mean a big difference in your job or life, it may be worth it.
  
  
• Form I-485 Filing Fee (Adjustment of Status): If you will file for a green card via adjustment of status within the U.S., the fee for Form I-485 is around $1,440 per adult applicant for the I-485. Children under 14 pay a lower fee, around $750 under old, now $950,​ if filing with a parent. Remember, each family member files their own I-485 and pays a fee.
  
  
• Form I-765 and I-131 (if filed with I-485): While not fees for the NIW “visa” per se, note that if you file I-485, and you want a work permit or advance parole, those used to be free when filing with I-485. USCIS requires separate fees for Forms I-765 and I-131, even when filed concurrently with Form I-485. Currently, the fees for form I-765 is $260, and form I-131 is $630. Please note that these prices keep changing. For the most up-to-date prices, visit the USCIS Fees Calculator website.
  
  
• Consular Processing Fees: If you go through consular processing instead of I-485, you will pay different fees to the State Department: e.g., $345 for the immigrant visa application (DS-260) per applicant, and after visa approval, a $220 immigrant fee to USCIS to produce your green card. These are not “USCIS filing fees” for the petition, but they are part of the overall cost if you take that route.
  
  
• Medical Exam, Translations, etc.: Again, not USCIS fees, but worth noting in your budget: the medical exam for I-485 might run a few hundred dollars, translation services for any foreign documents, costs for mailing large petition packages, etc. Attorneys’ fees are another consideration, but those vary widely.
  
  

To summarize the typical NIW fees for a single applicant (2025): $1,015 to file the I-140 with NIW, plus $2,805 if using premium, plus around $1,440 for the I-485 stage. That would total about $3,255 without premium, or $6,060 with premium, for one person’s process through getting the green card. Each additional family member would add ~$1,440 and $990 in that stage. As mentioned previously, please visit the USCIS Fees Calculator website for the most up-to-date prices.

USCIS fees do change occasionally, so it’s always a good idea to double-check the USCIS Filing Fees page or the Form instructions when you are about to file. The USCIS fee schedule is public, and major changes are typically announced via press release or the Federal Register.

One more note: USCIS does not typically waive fees for EB petitions, since those are employment-based. So assume you’ll need to pay all fees in full. Also, make sure checks are written correctly to “U.S. Department of Homeland Security” to avoid rejections.

From timelines and fees to visa bulletins and paperwork, we understand that the EB-2 NIW process can feel overwhelming.. But it’s also a powerful pathway that gives you control over your future in the U.S.

At Casium, we’re here to walk you through each step. Whether you’re still gathering documents, unsure when to file, or figuring out if premium processing makes sense for your timeline, our team helps ensure your petition is accurate, compelling, and tailored to your unique strengths. We’re committed to helping you present the strongest case possible so you can move forward with confidence.

Have questions? Ready to get started? Reach out and take the next step with us.

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Related Resources:

​How Do I Request Premium Processing?

USCIS Announces Inflation Adjustment to Premium Processing Fees

Frequently Asked Questions on the USCIS Fee Rule

USCIS Announces Inflation Adjustment to Premium Processing Fees

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