How Much Does EB-1A or NIW Cost in 2026? Filing Fees With and Without a Lawyer

USCIS Filing Fees

The base government filing fee for Form I-140 (Immigrant Petition for Alien Workers) is $715. This applies to both EB-1A and EB-2 NIW petitions. It is non-refundable, regardless of the outcome.

There is an important distinction on the Asylum Program Fee. As of 2024, USCIS charges this fee on all I-140 petitions, but the amount varies. Employers with more than 25 full-time employees pay $600. Small employers (25 or fewer employees) and self-petitioners (EB-1A and NIW) pay a reduced rate of $300. Nonprofit organizations are exempt. This means the total base government filing cost for a self-petitioned I-140 is $1,015 ($715 filing fee + $300 asylum program fee).

Biometrics fees are generally waived for I-140 petitions, though USCIS may require biometrics in certain cases. If you later file Form I-485 (Adjustment of Status), that carries its own filing fee of $1,440 (which includes biometrics).

Fee amounts are current as of May 2026. USCIS updates its fee schedule periodically — always verify at uscis.gov/forms/filing-fees before filing.

Premium Processing

Premium processing is available for both EB-1A and EB-2 NIW by filing Form I-907 with an additional fee of $2,965 (updated March 2026, previously $2,805). USCIS guarantees a decision — approval, denial, RFE, or NOID — within a defined timeframe. The fee is the same for both categories, but the timelines differ significantly:

• EB-1A: 15 business days. This is one of the fastest premium processing windows in the employment-based system.
• EB-2 NIW: 45 business days. Premium processing for NIW was only introduced in 2023 and comes with a longer timeline. Still much faster than the 6-12 month regular processing window.

Premium processing does not change the standard of review. USCIS adjudicates your petition with the same criteria whether you pay for premium or not. What it guarantees is a timeline, not an outcome. If you receive an RFE under premium processing, the 15- or 45-day clock resets when you respond.

Attorney Fees

Attorney fees for EB-1A and NIW petitions vary widely based on case complexity, the attorney's experience, and what is included in the engagement (petition letter drafting, evidence compilation, RFE response, etc.). The following ranges are based on reported ranges from publicly available attorney fee schedules:

• EB-1A: $4,500 - $8,000+. EB-1A petitions typically require more extensive evidence documentation across multiple criteria, detailed expert letter coordination, and a longer petition letter. Complex cases — particularly those relying on comparable evidence arguments or with borderline criteria — tend toward the higher end. (Based on published rates from WeGreened, Manifest Law, and Getson & Schatz, 2025-2026.)
• EB-2 NIW: $4,500 - $14,000. NIW petitions generally involve a more focused evidentiary framework (three Dhanasar prongs rather than 10 criteria), though the proposed endeavor narrative requires careful crafting. Full-service packages with premium support can reach the higher end. (Same sources.)

These ranges typically cover the initial petition filing. RFE responses, if needed, may be included or billed separately ($1,500 - $3,000 is common for RFE response work). Appeals to the AAO are usually billed separately.

Self-filing is legal for both EB-1A and EB-2 NIW — both categories allow self-petitioning, meaning you can prepare and submit your own petition without an attorney. Many applicants do. Our guide on self-filing covers when it works well and when attorney involvement is worth the investment. The key insight: informed self-filers who understand their evidence gaps make better decisions, whether they ultimately file alone or with counsel.

Other Costs to Budget For

Beyond filing fees and attorney costs, several ancillary expenses add up. These apply whether you self-file or work with an attorney:

• Credential evaluations: $100 - $300. If your degree is from outside the United States, you will need a credential evaluation from a NACES- or AICE-member agency to establish degree equivalency. Required for EB-2 NIW (which has an advanced degree requirement). Not strictly required for EB-1A but often included to document qualifications.
• Document translations: $50 - $200 per document. Any document not in English must be accompanied by a certified translation. This includes degrees, awards, publications, employment letters, and media coverage. Costs vary by document length and language.
• Medical examination (Form I-693): $200 - $500. Required if you are filing I-485 (Adjustment of Status) concurrently or after I-140 approval. Must be conducted by a USCIS-designated civil surgeon. Includes vaccinations, blood tests, and a physical examination. Not required at the I-140 stage alone.
• Passport-style photos: $10 - $20. Two photos meeting USCIS specifications are required for I-485 and several associated forms.
• Expert letters: While most expert letter writers provide letters at no charge as a professional courtesy, some consultants charge for drafting recommendation letters. If you coordinate your own expert letters, the primary cost is your time, not money.
• Mailing and copying: $50 - $150. USCIS accepts electronic filing for I-140, but if you file by mail, expect costs for copying, organizing, and shipping a substantial petition package via tracked delivery.

Total Cost Comparison

The table below shows estimated total costs for each pathway, with and without an attorney, and with and without premium processing. All figures are estimates based on typical 2026 costs.

*Self-petitioners (EB-1A and NIW) pay the reduced $300 Asylum Program Fee. Standard employer rate is $600. Nonprofits are exempt. Costs shown do not include I-485 (Adjustment of Status) fees, which add approximately $1,440 if filed domestically.

Where the Real Savings Are

Attorney fees represent the single largest variable cost — and it is a legitimate choice to self-file. But cost savings alone should not drive the decision. The relevant question is whether your petition is strong enough to survive scrutiny in the current adjudication climate, where EB-1A approval rates have dropped below 54% and NIW below 36% in recent quarters.

The most cost-effective approach for many applicants is a middle path: invest in understanding your evidence strengths and gaps before committing to a filing strategy. A structured profile evaluation can identify which criteria are strong, which need more documentation, and whether your case has RFE risk — information that saves time and money whether you file yourself or bring in an attorney.

For applicants planning to self-file, our step-by-step filing checklist covers the practical sequence from evidence gathering through I-140 submission.

A Note on EB-2 Visa Availability

As of the May 2026 Visa Bulletin, EB-2 is current for Rest of World — meaning no backlog for most countries. However, India-born applicants face an approximately 12-year EB-2 wait, and China-born applicants face roughly 5 years. EB-1 has a significantly shorter backlog for India and China (cutoff date of April 2023, ~3 years) and is current for all other countries. If you are subject to the India or China backlog, the cost difference between EB-1A and NIW may be less relevant than the timeline difference. Filing EB-1A, even at a higher total cost, could save years of waiting.