How to Decide Between Regular and Premium Processing for an EB2-NIW Filing
For a National Interest Waiver (NIW), there are two ways to file the case: regular processing and premium processing. Regular processing often requires a long wait before receiving a decision. Premium processing is simply a faster USCIS action on the Form I-140; it does not change the legal standard, the evidence required, or the approval percentage. Additionally, USCIS backlogs are currently at their highest levels in at least a decade, and immigration officers have limited time to review each premium processing case. In this circumstance, upgrading is not always the best choice. Therefore, the question arises: Which type of processing is best for me? To help you find the answer, the sections below will explain :
The differences between regular and premium processing
Address common online misunderstandings about premium processing and Requests for Evidence (RFEs).
Regular Processing for Form I-140
This is standard adjudication with no extra fee. The timeline differs depending on the service center, with an average duration of approximately 14 to 18 months.[1] This process is suitable for applicants who are not facing the imminent expiration of the immigration visa or employment deadlines and prefer to save the premium fee.
Premium Processing for Form I-140
When applicants submit $2,805 in premium fees and Form I-907, USCIS guarantees they will respond (approval, denial, RFE, or NOID) within 45 business days. The priority date of your case will not be sped up by premium processing. In other words, premium processing only speeds up the action, not the approval. USCIS may still issue an RFE/NOID if the evidence is insufficient.
During 2025, USCIS's pending cases increased by 1.6 million, reaching a record 11.3 million. USCIS also reported a “frontlog” of over 34,000 unopened cases for the first time since 2024, indicating that the agency has difficulty opening and processing new cases. Thus, when premium processing cases cannot be met by the deadline, the immigration officer may instead issue a Request for Evidence (RFE).
Related Article: Understanding the Visa Bulletin for Employment-Based Green Cards
About RFEs (Requests for Evidence)
Some believe that an RFE notice is “just a template” and “nothing too harsh,” but this is actually not accurate. An immigration officer issues an RFE when he/she determines the case does not fully establish eligibility, and the questions are tailored to the officer’s concerns.
Once the case receives an RFE, the client and the attorney need to discuss the strategy and respond within 90 days. Preparing a proper RFE reply often requires carefully explaining your qualifications, answering each question in detail, and gathering additional evidence. The client will also need to contact 2–3 more recommenders to sign additional letters of recommendation.
Conclusion
Choosing between regular and premium processing for a National Interest Waiver (NIW) requires careful consideration. Regular processing often requires waiting a long time before receiving a decision, which may not be ideal for applicants with urgent timelines. On the other hand, premium processing offers faster action, but it does not increase the chance of approval and may result in an RFE if the officer has limited time to review the case. Choosing the proper processing is crucial; discussing the strategy with your attorney will help ensure the best decision for your case.
[1] “Check Case Processing Times” by USCIS, https://egov.uscis.gov/processing-times/?