EB2 NIW Cost Breakdown 2026: Government Fees vs. Hidden Expenses

💵 The Official 2026 USCIS Fee Schedule for Form I-140

The Form I-140 (Immigrant Petition for Alien Workers) serves as the foundation of your EB2 NIW application, and understanding its fee structure is your first step toward accurate budgeting. The United States Citizenship and Immigration Services (USCIS) maintains a standardized fee schedule that applies to all employment-based immigration petitions, including the self-petitioned NIW category.

Current Base Filing Fee ($715) and Payment Methods

As of 2026, the base filing fee for Form I-140 remains at $715, a rate that has been consistent since the 2024 fee adjustments took effect. This fee applies universally to all EB-2 petitions, whether employer-sponsored or self-petitioned through the National Interest Waiver pathway. 

USCIS accepts multiple payment methods to accommodate applicants worldwide. You can pay the $715 fee through:

• Check or money order: Payable to “U.S. Department of Homeland Security” (never abbreviate or use “USCIS”)
• Credit card: Using Form G-1450, Authorization for Credit Card Transactions
• Online payment: Through the USCIS online account system for electronic filers
• Bank transfer: For international applicants without U.S. banking access

“The $715 I-140 filing fee is non-refundable, regardless of your petition’s outcome. I always advise clients to ensure their petition is thoroughly prepared before submission, as resubmitting after a denial means paying this fee again.” — Sarah Chen, Immigration Attorney with 15+ years specializing in EB2 NIW cases

One critical detail often overlooked: USCIS will reject your entire petition if you submit an incorrect fee amount, use the wrong payment method, or fail to sign your check properly. This rejection doesn’t count as a denial, but it delays your priority date establishment by weeks or months. 

Fee Changes from Previous Years: What Applicants Need to Know

The current $715 fee represents a significant increase from historical rates. In 2016, the I-140 filing fee was just $700. The most recent adjustment occurred in April 2024, when USCIS implemented comprehensive fee increases across multiple form types to address operational costs and processing backlogs. 

Understanding these historical changes provides important context for future planning:

The USCIS announced in their FY 2026 inflation increase notice that certain immigration-related fees would see adjustments, though the I-140 base fee was not among those immediately affected. However, applicants should monitor the official USCIS fee schedule page, as mid-year adjustments can occur with 60 days’ notice. 

🏢 Understanding the New Asylum Program Fee: Do You Pay $300 or $600?

One of the most confusing aspects of the 2024-2026 USCIS fee structure is the Asylum Program Fee—a charge that many EB2 NIW applicants don’t realize applies to them until they’re preparing their payment. This fee, introduced as part of the comprehensive fee restructuring, funds the asylum and refugee processing system, and your obligation depends entirely on your employment situation.

Determining Your Employer Category (Small vs. Large Business)

The Asylum Program Fee operates on a tiered system based on employer size, measured by the number of employees. Here’s the breakdown that determines your fee obligation:

For employer-sponsored EB2 petitions, the company filing on behalf of the foreign worker must determine its size accurately. The employee count includes all workers across all locations, not just those at the specific site where the beneficiary will work. Misrepresenting employer size can result in petition rejection or, worse, allegations of immigration fraud. 

Exemption Rules for Individual Self-Petitioners

Here’s where EB2 NIW applicants catch a significant financial break: self-petitioners are completely exempt from the Asylum Program Fee. This exemption applies regardless of whether you own a business, work as an independent contractor, or are currently employed by someone else. 

The exemption logic is straightforward: the Asylum Program Fee is designed to be paid by employers who benefit from hiring foreign workers. Since NIW applicants petition themselves based on their work’s national interest to the United States—not because an employer is sponsoring them—they don’t fall under the fee requirement.

“I’ve seen applicants unnecessarily pay the $300 or $600 Asylum Program Fee because they misunderstood the self-petition exemption. If you’re filing EB2 NIW, you only pay the $715 I-140 fee—nothing more to USCIS at the initial filing stage, unless you choose premium processing.” — Dr. Michael Rodriguez, Immigration Policy Consultant and former USCIS adjudicator

However, there’s one important caveat: if you’re currently employed and your employer is somehow involved in your petition (even informally), or if you’re filing through a company you own with other partners who might be considered “employers,” consult with an immigration attorney. The line between self-petition and employer-sponsored can blur in complex business structures, and getting this wrong means either overpaying or underpaying—both problematic scenarios. 

🔍 Hidden Costs: Translations, Credential Evaluations, and Expert Letters

While the USCIS filing fees are transparent and fixed, the “hidden” costs of preparing a competitive EB2 NIW petition can range from $2,000 to $10,000 or more. These expenses aren’t optional luxuries—they’re often the difference between approval and denial. Let’s break down each category so you can budget accurately and make informed decisions about where to invest your resources.

Average Costs for Certified Translations and Academic Evaluations

Certified Translation Services: If any of your supporting documents—degrees, transcripts, publications, awards, reference letters, or employment records—are in a language other than English, USCIS requires certified translations. The cost structure typically follows this pattern:

• Standard documents (1-2 pages): $25-$50 per page
• Technical/academic documents: $40-$75 per page (higher due to specialized terminology)
• Rush services (24-48 hours): 50-100% surcharge
• Certification and notarization: $15-$30 per document set

For a typical EB2 NIW applicant with a foreign degree, expect to translate 20-50 pages of documents, resulting in translation costs between $500 and $2,500. Applicants from non-English speaking countries with extensive publication records can easily exceed $3,000 in translation expenses alone. 

Credential Evaluation Services: USCIS requires a formal evaluation proving your foreign education is equivalent to a U.S. advanced degree (Master’s or higher). Reputable evaluation services charge:

Organizations like World Education Services (WES), Educational Credential Evaluators (ECE), and Foundation for International Services (FIS) are NACES-accredited and widely accepted by USCIS. Budget $300-$500 for a quality evaluation that won’t raise red flags during adjudication. 

Budgeting for Professional Plan Writers and Expert Opinion Letters

This category represents the most significant variable cost in EB2 NIW preparation, and it’s where strategic investment pays the highest dividends in approval rates.

Expert Opinion Letters: These letters from established authorities in your field provide third-party validation of your work’s national importance and your qualifications. They’re not legally required but are practically essential for competitive petitions. The pricing structure reflects the expert’s credentials and the letter’s complexity:

Most successful EB2 NIW petitions include 3-5 expert letters, meaning applicants should budget $4,000-$8,000 for this component alone. Services like International Evaluations and American Translation Service offer package deals that can reduce per-letter costs by 10-15%. 

Professional Petition Writers: While not mandatory, professional petition preparation services significantly increase approval odds by ensuring your case narrative aligns with the three-prong Matter of Dhanasar test. Costs vary widely:

• DIY with templates: $0-$200 (highest risk of errors)
• Petition review services: $500-$1,500 (you write, they critique)
• Full petition writing: $2,000-$5,000 (professional drafts everything)
• Attorney-prepared petitions: $5,000-$15,000 (includes legal representation)

“The expert opinion letter is your petition’s credibility anchor. I’ve reviewed hundreds of NIW cases, and those with well-crafted letters from recognized authorities in the field have approval rates exceeding 85%, compared to roughly 60% for petitions without them.” — Professor Linda Watkins, Immigration Law Scholar, Georgetown University

The strategic takeaway: cutting costs on expert letters and professional preparation often leads to more expensive problems down the road—RFEs, denials, and refilings. 

⚡ Premium Processing vs. Regular: Is the $2,805 Fee Mandatory?

Premium Processing represents the single largest optional expense in the EB2 NIW process, and the decision to pay the $2,805 fee is one of the most strategic choices you’ll make. This service, offered through Form I-907, guarantees USCIS will take action on your I-140 petition within 45 calendar days—a dramatic acceleration from the standard processing timeline that can stretch 6-18 months.

Cost-Benefit Analysis: When Speed is Worth the Price

The premium processing fee increased from $2,500 to $2,805 in 2024 as part of USCIS’s inflation adjustment, and this rate remains in effect for 2026. But is it worth nearly $3,000 for faster processing? The answer depends entirely on your specific circumstances. 

When Premium Processing Makes Financial Sense:

• Employment gaps: If you’re between jobs or your current work authorization is expiring, the 45-day guarantee can prevent months of unemployment or forced departure from the U.S.
• Business opportunities: Entrepreneurs with time-sensitive contracts, funding rounds, or partnership agreements often find that a 6-12 month delay costs far more than $2,805 in lost opportunities
• Family reunification: Once your I-140 is approved, family members can begin their own immigration processes; faster approval means faster family reunification
• Priority date protection: In times of retrogression, securing an earlier priority date can save years in the green card queue
• Peace of mind: For applicants with anxiety about their petition status, the 45-day certainty provides psychological value that’s hard to quantify

When Regular Processing is Sufficient:

• You have stable employment with valid work authorization extending 18+ months
• Your priority date won’t be affected by retrogression in your country of birth
• You’re filing proactively with no immediate deadline pressures
• Your budget is constrained and the $2,805 would require significant financial sacrifice

“I calculate premium processing ROI with my clients using a simple formula: if the value of your time and opportunities over the next 6-12 months exceeds $2,805, it’s worth it. For most professionals earning $75,000+ annually, the math clearly favors premium processing.” — James Patterson, CPA and Immigration Financial Advisor

One often-overlooked benefit: premium processing provides faster feedback on petition quality. If USCIS issues an RFE (Request for Evidence), you’ll know within 45 days rather than waiting months, giving you more time to strengthen your response or prepare alternative strategies.

How to Upgrade to Premium After Initial Filing

Many applicants don’t realize that premium processing isn’t an all-or-nothing decision at filing time. USCIS allows you to upgrade to premium processing after your initial I-140 submission, providing flexibility for those whose circumstances change or who want to test regular processing first. 

The Upgrade Process:

1. Timing: You can request premium processing upgrade at any point while your petition is pending, even if it’s been pending for months
2. Form submission: File Form I-907 separately with the $2,805 fee, referencing your original I-140 receipt number
3. Processing begins: The 45-day clock starts when USCIS receives your I-907, not from your original filing date
4. Service center transfer: Your case may be transferred to a different service center that handles premium processing, which can add 1-2 weeks

Important considerations for upgrading:

• The 45-day guarantee only applies from the I-907 receipt date, not your original filing
• If your case has already been assigned to an officer for review, upgrading may cause minimal time savings
• Premium processing doesn’t guarantee approval—only that USCIS will take action (approve, deny, or issue RFE) within 45 days
• If USCIS fails to meet the 45-day deadline, they refund the $2,805 fee but continue processing your case

Strategic tip: Monitor the USCIS processing times page for your service center. If regular processing times suddenly increase dramatically, upgrading to premium can help you avoid being caught in a backlog. 

💰 Total Budget: How Much to Save Before You File

After examining each cost component individually, let’s synthesize everything into comprehensive budget scenarios that reflect real-world EB2 NIW expenses. Understanding the total financial commitment helps you plan appropriately and avoid the stress of unexpected costs mid-process.

Sample Budget for DIY Filers vs. Attorney-Represented Cases

DIY (Do-It-Yourself) Budget – Minimal Approach:

DIY Budget – Competitive Approach:

Attorney-Represented Budget:

The cost difference between DIY and attorney representation ranges from $8,000 to $18,000, but this investment includes legal expertise, petition strategy, RFE response preparation, and significantly reduced risk of costly errors. 

“The question isn’t whether you can afford an attorney—it’s whether you can afford the consequences of a poorly prepared petition. A denial means starting over with all new fees, plus 6-12 months of lost time. That’s the real cost calculation.” — Attorney David Kim, Managing Partner, Kim Immigration Law Group

Emergency Funds for RFEs and Unexpected Delays

Even the most meticulously prepared petitions can receive Requests for Evidence (RFEs), and processing delays can create unexpected financial pressures. Smart applicants budget an additional 20-30% beyond their initial estimates for contingencies.

Common Unexpected Expenses:

• RFE Response Preparation: $1,500-$5,000 if you need attorney help after filing DIY
• Additional Expert Letters: $1,350-$2,000 per letter if USCIS questions your qualifications
• Supplemental Evidence: $500-$2,000 for new translations, publications, or documentation
• Premium Processing Upgrade: $2,805 if delays threaten your work authorization or opportunities
• Medical Examination (I-485 stage): $200-$500 when you adjust status after approval
• Travel Expenses: $300-$1,500 if you need to travel for biometrics or interviews

Budget Timeline Considerations:

Don’t forget that EB2 NIW costs extend beyond the I-140 petition. Once approved, you’ll face additional expenses for adjustment of status or consular processing:

• Form I-485 (Adjustment of Status): $1,440 per person (includes biometrics)
• Form I-765 (Work Permit): Included with I-485 (no separate fee as of 2024)
• Form I-131 (Travel Document): Included with I-485 (no separate fee as of 2024)
• Medical Examination: $200-$500 per person
• Family Members: Multiply I-485 and medical costs by each dependent

For a family of three (primary applicant, spouse, and one child), the post-I-140 approval costs can reach $5,000-$7,000 additional. Factor this into your long-term financial planning.