EB2 national interest waiver processing time

The processing time for an EB2 National Interest Waiver (NIW) application can vary widely depending on the volume of cases at U.S. Citizenship and Immigration Services (USCIS) and the complexity of the case. On average, it takes between 4 to 12 months for USCIS to adjudicate the I-140 petition for an EB2 NIW. In some cases, delays may occur due to requests for additional evidence (RFE) or extensive case review. Unlike standard EB2 applications, the NIW process allows applicants to bypass the labor certification (PERM) requirement, potentially saving time. However, because the NIW involves demonstrating that the applicant’s work is in the national interest of the United States, it requires substantial supporting evidence, which can impact the preparation and review timeline. Premium processing is now available for EB2 NIW cases, offering a decision within 15 calendar days for an additional fee, significantly expediting the process.