Skip to navigation Skip to content Skip to footer

Menu

Your NIW Journey, Step by Step

Everything you need to know about your EB-2 National Interest Waiver case, in plain language, in one place.

Meet Our NIW Team

Once you sign, you’re paired with one dedicated attorney and one case manager for your entire case, not a revolving cast of lawyers. Pairing is based on the best fit for your case and attorney availability at the time; all of our attorneys maintain very similar approval rates, so you’re in strong hands either way. Your attorney and case manager get to know your background in depth and build your strategy specifically around your credentials.

What Is a National Interest Waiver (NIW)?

An EB-2 National Interest Waiver is a path to a U.S. Green Card for people with an advanced degree or exceptional ability whose work benefits the United States enough that the normal job-offer and labor certification requirements can be waived. Instead of needing an employer to sponsor you, you petition on your own behalf.

Because it’s self-petitioned, an NIW also gives you flexibility an employer-sponsored case doesn’t: no employer needs to be involved, there’s no job offer to maintain, you’re free to change jobs without affecting your case, and even leaving the U.S. generally doesn’t impact an NIW petition already filed.

To qualify, your case has to satisfy three requirements, often called the "three prongs" of the NIW test:

Prong 1

Substantial Merit & National Importance

Your work must matter, both in substance and in its impact on the country.

Prong 2

Well Positioned to Advance the Work

Your track record shows you’re positioned to succeed, through publications, citations, and how your work is used by others in your field.

Prong 3

Beneficial to Waive the Requirements

It would benefit the U.S. to waive the job offer and labor certification process in your case.

How the Process Works

1. Case Evaluation (Done)

We reviewed your background and confirmed your case has strong potential.

2. Offer & Retainer

You review your offer and sign the retainer agreement to begin. The agreement arrives in a separate email from our e-signature system, S-Docs, which contains your signing link.

3. Portal Access

We open your account in our secure client portal for documents and communication

4. Case Preparation (Typically a Few Months)

We devise your strategy, compile evidence, and write your legal brief. Recommendation letters are used when helpful, but aren’t required. Pace is mostly set by how quickly you’re able to work with us. That’s normal, not a red flag.

5. Filing (I-140)

We assemble and file your petition package with USCIS.

6. USCIS Review

USCIS adjudication currently runs long, often approaching or exceeding two years. If USCIS issues a Request for Evidence (RFE), we respond on your behalf at no extra cost.

7. I-140 Approval

Your I-140 petition is approved: the first of two steps to a Green Card

8. I-485 or Immigrant Visa Processing (Separate Engagement)

The second, separate step that ultimately grants your Green Card: an I-485 if you’re inside the U.S., or immigrant visa processing if you’re outside the U.S. Both lead to the same Green Card. See I-140 vs. I-485 below.

What to Expect After You Sign

Once we receive your signed retainer agreement, here’s what happens, in order:

  1. We Open Your Case File (24–48 Hours)

    We open your case file within 24 to 48 hours of receiving your signed agreement.

  2. Documents & Evidence Request

    We will then request documents and evidence to start preparing your application.

  3. Case Strategy Begins Immediately
    We start preparing your case strategy right away, with no waiting period.

You’ll also get access to our secure online portal, where you and your attorney can upload and review documents together, communicate directly in one place instead of scattered emails, and track your case status as it moves forward.

Fees & Payment

  • Attorney fee: $6,500 total for the I-140 petition
  • Payment options: pay in full (discount available) or spread over 13 months at $500/month
  • Government filing fee: $1,015, paid separately and directly to USCIS
  • Fee arrangement: specific to your offer, your exact terms (including any refund guarantee or free-refile provision) are in your retainer agreement
  • Not included: I-485/IVP-related services (see below)

I-140 vs. I-485: Why You Need Both

Getting a Green Card through NIW is a two-step process. First, your I-140 petition has to be filed and approved. This is what your current retainer covers. Second, you must complete I-485 adjustment of status if you’re inside the U.S., or immigrant visa processing if you’re outside the U.S. Either path leads to the same Green Card. Depending on current visa bulletin dates, it may be possible to file the I-140 and I-485 at the same time, or even file the I-485 while the I-140 is still pending. Ask your attorney whether that applies to your case, since it carries some strategic tradeoffs.

The I-485/immigrant visa step is a separate service with its own fee. If and when you reach that stage, you can decide whether to retain us for it. There’s no obligation to do so now.

Frequently Asked Questions

Can I choose my attorney?

Not directly. Once you sign, we pair you with the attorney and case manager best suited to your case based on fit and availability, the same way most firms operate. All of our attorneys maintain very similar approval rates, typically within a percentage point or two of each other, so you’re getting strong representation regardless of who you’re paired with.

What happens if USCIS issues a Request for Evidence (RFE)?

We stay with you through the entire process. If USCIS requests additional evidence, we respond on your behalf at no additional cost.

How long does the process actually take?

Preparing and filing your case typically takes a few months, though the pace depends a lot on how quickly you’re able to work with us alongside everything else going on in your life, and that’s completely normal. USCIS’s own adjudication time is separate and currently running long, often approaching or exceeding two years. We keep a close eye on processing trends, but that part is outside our control.

Do I need recommendation letters?

No, they’re not required by law for an NIW or EB-1A case. They’re most useful when you have strong work you can’t otherwise document objectively (for example, something covered by an NDA). If you have solid objective evidence (degrees, publications, citation records), you may not need them at all.

Should I use premium processing?

It’s available for an additional USCIS fee and does speed up adjudication, but our data shows it also raises your chances of receiving an RFE and increases denial risk. We generally don’t recommend it for that reason, though it’s ultimately your choice. Ask an attorney for current numbers if you’re considering it.

What fee arrangement applies to my offer?

Terms vary by offer. Some offers include our 100% full refund guarantee; others use our standard arrangement, which includes one free I-140 refile if your petition is denied. Please re-read your retainer agreement, sent to you via S-Docs, for the exact terms that apply to your case.

Is my case-specific information kept private?

Yes. Once you sign, all documents and communication happen through our secure client portal.

What if I have questions before I sign?

Just reply to your offer email. Your reply goes straight to an attorney, and we’re happy to talk anything through before you make a decision.