EB2 NIW Premium Processing: Is It The Right Choice For You?

Every week in my practice, I get calls from clients asking: "Should I use Premium Processing for my petition?" I understand exactly what's behind this urgency—you need clarity about your future in the U.S. You've invested time, resources, anxiety, and hope into this process, and I completely get it.

Let's dive deeper into what Premium Processing is really about, discuss the pros and cons, and help you confidently decide if it's the right strategy for your individual immigration journey.

Why Applicants Are Drawn to Premium Processing

I can list plenty of reasons why people lean toward Premium Processing:

• You're approaching the end of your six years of H-1B status (your "H-1B maxout") and you urgently need clarity on your next step.
• You might take another job offer overseas pending your U.S. immigration outcome.
• Your spouse needs your approved I-140 quickly for their H-4 Employment Authorization Document (EAD).
• You are concerned your current immigration status may expire before approval.
• You're simply exhausted from the long wait and want peace of mind as soon as possible.

All these reasons are understandable, and knowing your immigration status sooner rather than later is a huge relief. Premium processing provides clarity fast, usually in a matter of weeks rather than months or even a year or more.

The Hidden Challenges of Premium Processing

There's a big catch to consider, though. From years of handling these cases, I've seen a pattern emerge: premium processing can increase the risk of receiving a Request for Evidence (RFE). Why is this?

USCIS adjudicators have tight timelines, large caseloads, and fixed working hours. This schedule can often force adjudicators to rush their reviews. Under pressure, some adjudicators may inevitably issue RFEs hastily, sometimes producing what attorneys in our field call a "kitchen sink RFE."

I have personally seen RFEs where they incorrectly spelled the applicant's name, misstated their professional specialty, or even mixed up the applicant's gender. Worse, I've seen them reject broad aspects of a strong case without specific rationale—asking us to essentially re-prove every point from scratch. Responding to RFEs like this is onerous, expensive, and time-consuming. Worse, such rushed and broad-ranging RFEs may increase the chance of denial.

But let me also be crystal clear—we don't have official, publicly available data from USCIS definitively proving premium processing leads to more RFEs. What we have are many experienced immigration attorneys, myself included, sharing their anecdotal experiences.

Important Factors to Consider Before Choosing Premium Processing

Before you jump onto premium processing, consider these questions objectively and strategically with your attorney:

1. Is your case truly time-sensitive?

• Do you need approval immediately to maintain your immigration status?
• Do you need clarity urgently due to other career opportunities or family circumstances?

2. Does premium processing practically advance your position?

• For instance, if you already hold an approved I-140 from a Labor Certification case, Pursuing Premium processing on an additional I-140 (EB2 NIW) won't change your priority date.

3. Are you prepared for a potential RFE?

• Does your budget accommodate the Premium Processing fee and additional potential legal expenses in case an RFE does happen? (Actually, make sure you consider this at the outset for any USCIS filing, as any filing can trigger an RFE.)
• Do you have the time, resources, documents, and emotional bandwidth to respond comprehensively to an RFE, soon?

4. Could premium processing significantly benefit your dependent family members?

• Your spouse might want an H-4 EAD, and a swift decision could materially improve your family's quality of life, career options, or financial security.

How Do Immigration Attorneys Feel About Premium Processing?

I admit freely, as an immigration attorney, I love clarity too. Attorneys thrive on clarity:

• We love knowing quickly whether or not our filing strategies are working.
• Quick feedback enhances our ability to stay current with USCIS trends and tweak case strategies proactively.
• Adjudication patterns revealed swiftly through cases filed with Premium Processing can inform and strengthen our future cases.
• We prefer giving clients timely, definitive results instead of spending months responding to anxiety-filled status inquiries when we have no news.

Frankly, we also appreciate Premium Processing because it allows us to move forward with next steps sooner. We would much rather get busy preparing your I-485 adjustment of status application than answer your 14th inquiry about whether we, too, are worried that your petition is taking USCIS this long.

But despite these compelling benefits, I still caution my clients—and I urge you too—to evaluate Premium Processing very carefully. Choosing Premium Processing isn't simply a calculation about financial affordability, nor is it merely a tool to ease anxiety. The decision should fit carefully into your broader immigration strategy, centered around maximizing your eventual success.

Bottom Line: Make an Informed & Intentional Decision

I've practiced immigration law for many years, and if there's one thing I’ve learned—no two immigration journeys are exactly the same. Each applicant has unique priorities, pressures, and goals. Your decision about premium processing should come from thoughtful reflection and deliberate strategy, not just from the understandable anxiety of waiting.

With your immigration attorney, thoroughly assess:

• Your case strength, readiness, and overall clarity.
• The urgency and necessity of a swift official response.
• Your family’s specific career-based, status-related, and personal considerations.
• The financial, emotional, and practical consequences of receiving an RFE or having to resubmit materials.

Premium processing can be an empowering choice that brings immense clarity. But only move forward if you've carefully weighed and accepted both the benefits and drawbacks associated.

I'll leave you with this final thought, from one immigration strategist to another—focus less on short-term anxiety and more on your bigger picture goals. By doing so, you'll select the premium processing path that genuinely advances your long-term immigration dreams in the best possible way.EB2 National Interest Waiver Premium Processing: Is It The Right Choice For You?

Every week in my practice, I get calls from clients asking: “Should I use Premium Processing for my petition?” I understand exactly what’s behind this urgency—you need clarity about your future in the U.S. You’ve invested time, resources, anxiety, and hope into this process, and I completely get it.

One of the main reasons applicants consider premium processing is to reduce the overall processing time and avoid the uncertainty of variable processing times that can affect different immigration applications.

Let’s dive deeper into what Premium Processing is really about, discuss the pros and cons, and help you confidently decide if it’s the right strategy for your individual immigration journey.

Eligibility and Requirements for EB-2

To qualify for an EB-2 visa, applicants must meet specific requirements that set this employment-based immigrant visa apart. The EB-2 category is designed for individuals who either hold an advanced degree (or its foreign equivalent) or can demonstrate exceptional ability in their field. But for those seeking a national interest waiver (NIW), the bar is set even higher.

With the national interest waiver, you can self-petition—meaning you don’t need a job offer or labor certification. Instead, you must show that your proposed endeavor has substantial merit and national importance. The USCIS will look closely at how your work benefits the United States as a whole, not just a single employer. You’ll also need to prove you are well positioned to advance your proposed endeavor, whether through your education, experience, or a track record of significant achievements.

In short, to be eligible for the EB-2 NIW, you must:

• Hold an advanced degree or demonstrate exceptional ability.
• Show your work has substantial merit and national importance.
• Prove you are well positioned to advance your proposed endeavor.
• Clearly articulate how waiving the labor certification process benefits the national interest.

The process is rigorous, and the USCIS evaluates each petition on its individual merits. If you’re considering this path, make sure your application tells a compelling story about your impact and potential in the U.S..

Why Applicants Are Drawn to Premium Processing

I can list plenty of reasons why people lean toward Premium Processing:

• You're approaching the end of your six years of H-1B status (your "H-1B maxout") and you urgently need clarity on your next step.
• You might take another job offer overseas pending your U.S. immigration outcome.
• Your spouse needs your approved I-140 quickly for their H-4 Employment Authorization Document (EAD).
• You are concerned your current immigration status may expire before approval.
• You're simply exhausted from the long wait and want peace of mind as soon as possible.

All these reasons are understandable, and knowing your immigration status sooner rather than later is a huge relief. Premium processing provides clarity fast, usually in a matter of weeks rather than months or even a year or more.

There's a big catch to consider, though. From years of handling these cases, I've seen a pattern emerge: premium processing can increase the risk of receiving a Request for Evidence (RFE). Why is this?

USCIS adjudicators have tight timelines, large caseloads, and fixed working hours. This schedule can often force adjudicators to rush their reviews. Under pressure, some adjudicators may inevitably issue RFEs hastily, sometimes producing what attorneys in our field call a "kitchen sink RFE."

I have personally seen RFEs where they incorrectly spelled the applicant's name, misstated their professional specialty, or even mixed up the applicant's gender. Worse, I've seen them reject broad aspects of a strong case without specific rationale—asking us to essentially re-prove every point from scratch. Responding to RFEs like this is onerous, expensive, and time-consuming. Worse, such rushed and broad-ranging RFEs may increase the chance of denial.

But let me also be crystal clear—we don't have official, publicly available data from USCIS definitively proving premium processing leads to more RFEs. What we have are many experienced immigration attorneys, myself included, sharing their anecdotal experiences.

Important Factors to Consider Before Choosing Premium Processing

Before you jump onto premium processing, consider these questions objectively and strategically with your attorney. Before you submit a request for premium processing, you should carefully evaluate your case with your attorney to ensure eligibility and proper filing.

1. Is your case truly time-sensitive?

• Do you need approval immediately to maintain your immigration status?
• Do you need clarity urgently due to other career opportunities or family circumstances?

Premium processing guarantees adjudication within specific time periods, but if additional evidence is requested, these time periods are reset.

2. Does premium processing practically advance your position?

• For instance, if you have previously filed and already hold an approved I-140 from a Labor Certification case, pursuing Premium processing on an additional I-140 (EB2 NIW) won’t change your priority date.

3. Are you prepared for a potential RFE?

• Does your budget accommodate the Premium Processing fee and additional potential legal expenses in case an RFE does happen? (Actually, make sure you consider this at the outset for any USCIS filing, as any filing can trigger an RFE. If you receive an RFE, you must provide additional evidence within the specified timeframe to avoid delays or denial.)
• Do you have the time, resources, documents, and emotional bandwidth to respond comprehensively to an RFE, soon?

4. Could premium processing significantly benefit your dependent family members?

• Your spouse might want an H-4 EAD, and a swift decision could materially improve your family's quality of life, career options, or financial security.

Filing Fees and Costs

Understanding the costs involved in the EB-2 process is crucial for planning your immigration journey. The main filing fee for Form I-140, Immigrant Petition for Alien Workers, is currently $700. If you choose to request premium processing for expedited processing, you’ll need to pay an additional premium processing fee of $2,500. This premium processing service guarantees that the USCIS will take adjudicative action on your petition within 15 calendar days.

Other potential costs include a biometrics fee if required, as well as any additional fees for optional services or consular processing. Keep in mind that these fees can change, so it’s wise to check the USCIS website for the most current information before you file. Budgeting for all filing fees and related expenses upfront can help you avoid delays and ensure your EB-2 petition moves forward smoothly.

How Do Immigration Attorneys Feel About Premium Processing?

I admit freely, as an immigration attorney, I love clarity too. Attorneys thrive on clarity:

• We love knowing quickly whether or not our filing strategies are working.
• Quick feedback enhances our ability to stay current with USCIS trends and tweak case strategies proactively.
• Adjudication patterns revealed swiftly through cases filed with Premium Processing can inform and strengthen our future cases.
• We prefer giving clients timely, definitive results instead of spending months responding to anxiety-filled status inquiries when we have no news.

Attorneys rely on timely updates from U.S. Citizenship and Immigration Services (USCIS) and other immigration services to advise clients effectively, as these agencies manage and expand various immigration programs and application options.

Frankly, we also appreciate Premium Processing because it allows us to move forward with next steps sooner. We would much rather get busy preparing your I-485 adjustment of status application than answer your 14th inquiry about whether we, too, are worried that your petition is taking USCIS this long.

But despite these compelling benefits, I still caution my clients—and I urge you too—to evaluate Premium Processing very carefully. Choosing Premium Processing isn’t simply a calculation about financial affordability, nor is it merely a tool to ease anxiety. The decision should fit carefully into your broader immigration strategy, centered around maximizing your eventual success.

Petition for Alien Worker with Form I-140

The heart of the EB-2 process is the Form I-140, Immigrant Petition for Alien Workers. This form is your official request to the USCIS to recognize you as eligible for an employment-based immigrant visa. Whether you’re self-petitioning under the national interest waiver or your employer is filing on your behalf, the Form I-140 must be completed accurately and supported by robust documentation.

You’ll need to provide evidence of your advanced degree or exceptional ability, as well as detailed information about your proposed endeavor and its national interest. Supporting documents might include diplomas, transcripts, letters of recommendation, and proof of your achievements. The USCIS will review your petition to determine if you meet the requirements for the EB-2 category and, if applicable, the national interest waiver.

A well-prepared Form I-140 package is essential for a successful outcome. Take the time to gather comprehensive evidence and present a clear, compelling case for your eligibility.

Common Reasons for Denial

Even strong EB-2 petitions can be denied if they don’t meet the strict requirements set by the USCIS. One of the most common reasons for denial is insufficient evidence of exceptional ability or the national importance of your work. If your application lacks clear documentation or fails to convincingly demonstrate how your proposed endeavor serves the national interest, you may receive a request for additional information or even a denial notice.

Other pitfalls include incomplete forms, missing signatures, or inconsistencies in your supporting documents. Failing to meet the specific criteria for the national interest waiver—such as not showing you are well positioned to advance your field—can also lead to a negative outcome.

To avoid these issues, it’s wise to work closely with an experienced immigration attorney who can help you identify and address any weaknesses in your application before you file. Careful preparation and attention to detail are your best defenses against unnecessary delays or denials.

Bottom Line: Make an Informed & Intentional Decision

I’ve practiced immigration law for many years, and if there’s one thing I’ve learned—no two immigration journeys are exactly the same. Each applicant has unique priorities, pressures, and goals. Your decision about premium processing should come from thoughtful reflection and deliberate strategy, not just from the understandable anxiety of waiting.

With your immigration attorney, thoroughly assess:

• Your case strength, readiness, and overall clarity.
• The urgency and necessity of a swift official response.
• Your family’s specific career-based, status-related, and personal considerations.
• The financial, emotional, and practical consequences of receiving an RFE or having to resubmit materials.

Premium processing can be an empowering choice that brings immense clarity. But only move forward if you’ve carefully weighed and accepted both the benefits and drawbacks associated.

Remember, the ultimate goal of the EB-2 NIW process is to obtain a green card, which grants lawful permanent residence, and eventually U.S. citizenship. To track green card availability and plan your next steps, be sure to monitor the visa bulletin regularly. I’ll leave you with this final thought, from one immigration strategist to another—focus less on short-term anxiety and more on your bigger picture goals. By doing so, you’ll select the premium processing path that genuinely advances your long-term immigration dreams in the best possible way.

Final Checklist for Employment Based Visas

Before you submit your EB-2 petition, use this final checklist to make sure your application is complete and ready for review:

• Completed Form I-140, Immigrant Petition for Alien Workers
• Evidence of advanced degree or exceptional ability
• Documentation supporting the national interest waiver, including proof of national importance and substantial merit
• Detailed description of your proposed endeavor and evidence you are well positioned to advance it
• Supporting documents: diplomas, transcripts, letters of recommendation, and proof of achievements
• Payment of all required filing fees, including the premium processing fee if you request expedited processing
• Copy of your passport and any other required identification documents
• Any additional documentation requested by the USCIS or recommended by your immigration attorney

Taking the time to review your application against this checklist—and consulting with a knowledgeable immigration attorney—can help ensure your EB-2 petition is as strong as possible. A thorough, well-organized submission increases your chances of approval and helps you move forward confidently on your path to permanent residence.

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Locke Immigration Law helps American businesses hire skilled foreign nationals to work in the United States.

Follow Loren Locke on LinkedIn at https://www.linkedin.com/in/lorenlocke/

Watch Loren on YouTube at https://www.youtube.com/channel/UCzKOZDiSIwLEFidGISrxX_Q

Book a consultation at https://calendly.com/locke-immigration/strategy-call

Contact us at hello@lockeimmigration.com

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