At Pollak, PLLC, we work with clients who seek EB-2 NIWs (national interest waivers). The United States offers permanent residency to people who can prove they would be of national interest. One of the most considerable benefits of this waiver is that it is not contingent on an offer of employment, nor are they obligated to get a Labor Certification from the Department of Labor. However, applicants discover that the process could take (potentially) up to two years to complete due to the pandemic.
These same applicants also learn about Premium-Processing (PP), which significantly shortens the timeline for receiving one of the following:
- Approval notice (or a notice of an intent to deny)
- Denial Notification
- A notice of the USCIS’s intention to deny the application
- A request for more evidence
The costs associated with premium processing depend on the petition you are filing, but you can expect to pay between $1700 and $2500. NIWs will be closer to the latter. Because this is a significant amount of money, many people ask if paying this fee is worth it.
IIs It Worth It?
From our experience, the cost of premium processing is worth the investment. The processing timeline associated with NIWs can get cut from a potentially waiting 20 months or more to 45 days. Other waivers can be turned around as quickly as 15 days.
What happens if the USCIS fails to meet the timeline after paying your fee? Not only will the fee be returned to you, but your application will continue to receive the expedited treatment you had paid for.
What We Have Seen
As professionals who work with clients who have paid for premium processing, we have noticed an additional risk for the USCIS to respond by asking for more evidence. Remember, the USCIS is still meeting its obligations by asking for more information if they do so within the timeline. What may be frustrating to clients is that some of the documentation that the USCIS requests are things that may have been submitted already.
Although this could be a pain point for clients, people who don’t pay for premium processing may go through extended periods without any feedback or response from the USCIS.
Pollak, PLLC
Pollak, PLLC is well accustomed to assisting clients with filing for National Interest Waivers and other EB-2 visas for people who hold advanced degrees or display “exceptional ability” in business, arts, and sciences. For more information about how we support and advise you with these petitions, contact Pollak, PLLC, to schedule a complimentary consultation. We are passionate about bringing the best and brightest minds to this country because they can make a profound impact.
