EB-2 NIW costs
The cost of the EB-2 NIW process varies depending on a number of factors, including the individual’s specific circumstances and if you decide to work with a lawyer or file yourself. Some of the expenses associated with the EB-2 NIW process include:
Filing fees: The USCIS (U.S. Citizenship and Immigration Services) charges a fee for filing the Form I-140, which is the Immigrant Petition for Alien Worker and Form I-485, which is Application to Register Permanent Residence or Adjust Status. As of February 2023, the fee for the Form I-140 is $700, and I-485 is $1,225 (including biometrics).
USCIS fees are likely to increase in the near future. Please follow the Proposed Fee Rule published HERE and HERE. The proposal assumes increasing the I-140 fee to $715 ($700 currently) and I-485 fee to $1,540 ($1,225 currently, with biometrics). It also introduces additional fees for the Forms I-131 (Application for Travel Document) and I-765 (Application for Employment Authorization). Before both of them were included free of charge as part of the I-485 fee.
Lawyer fees: Hiring a lawyer is optional, but could be helpful if you are unfamiliar with immigration law, the requirements for the visa or need somebody to guide you through the admin process. Lawyer fees vary widely, so it is important to shop around and get quotes from several different companies if you decide to choose one. As authors of this blog, we researched 30+ lawyers while preparing our own application (took us 6 months of work!). The prices ranged from $5k to $20k for the family of three (main applicant, and two dependants).
Expert witness fees: In some cases, individuals may need to provide expert witness letters to support their application. These letters are written by individuals with expertise in the individual’s field, and they attest to the individual’s exceptional ability. Expert witness fees can range from a few hundred dollars to several thousand dollars, depending on the individual’s field and the number of letters required. These are not mandatory. As authors of this blog, we didn’t use expert witness letters, and relied purely on reference letters which were free of charge. For background: applied through EB-2 NIW, advanced degree.
Miscellaneous expenses: There may be other miscellaneous expenses associated with the EB-2 NIW process, such as fees for obtaining transcripts, paying for translation services, and more.
It is important to keep in mind that the cost of the EB-2 NIW process is an investment in the individual’s future, as obtaining a Green Card can have a significant impact on your career and financial prospects in the United States. And that’s exactly what the authors of this blog experienced: with a self-sponsored Green Card we were able to choose the employer freely (before L1 visa restricted us from changing a job), and with the layoffs happening in 2022-2023, Green Card gave us peace of mind to stay in the United States on our own terms.
