I’m filing for EB-2 NIW on my own without an attorney, with premium processing, and I’m trying to figure out Form I-140. On the form they ask: self-petitioner or regular petitioner — which one am I? Also I’ll be doing business/entrepreneurship in the U.S.; does that mean I’m considered a small employer and pay a different fee? I don’t understand how to calculate the total fees taking all these categories into account.
For EB-2 NIW you’re a self-petitioner — USCIS states explicitly: “A petition filed with a request for a national interest waiver does not need to be supported by a job offer; therefore the person may file as a self-petitioner.” Regarding the asylum program fee — a self-petitioner on EB-2 NIW pays the reduced $300, not $600. On the question of entrepreneurship and small employer — you look at the number of employees you plan to hire: fewer than 25 employees puts you in that category and the fee is different. When I put the packet together, I recalculated the final amount three times using the official fee calculator on the USCIS website — the only way not to make a mistake with the combination of categories.
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Thanks, the part about the self‑petitioner is clear now. But the asylum fee doesn’t add up — I thought it was $600 for everyone, need to double-check. And you didn’t finish writing about the package; what was in it?
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$600 is the employer fee — paid only by employers who file I-129 or I-140 petitions for their employees. USCIS explicitly states in the FAQ that the Asylum Program Fee is for those sponsoring a worker. A self‑petitioner under EB‑2 NIW doesn’t qualify, which is why it’s $300.
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On the I-907, the “classification” box says E21 NIW, not just EB-2.
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About small employer and entrepreneurship — if you don’t have any hired employees yet, you remain a self-petitioner. I also wondered: can I pay the associated expenses myself, or does the employer still have to do it? When you file on your own you pay everything out of your own pocket — that’s fine and USCIS accepts it. A small employer starts when you actually hire people and file an I-140 for them; that’s when different rules apply.
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Your chances when filing an NIW on your own are no worse — lawyers charge from 15 thousand and offer no guarantees. EB-2 NIW is structured so the petitioner and the beneficiary are the same person; you don’t need an employer sponsor. If the application is prepared properly, an RFE isn’t a disaster — many people respond themselves and get approved.
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Premium processing when filing on your own works exactly the same — I filed the I-140 myself without an attorney, and the I-907 was filed in parallel without any problems. About the total amount of fees: they’re three separate payments, not one. I-140, I-907, and the asylum program fee — each requires its own check and its own payment details. You can’t combine them; USCIS will return the package.
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EB-2 NIW I prepared myself in two months — I filled out the I-140 as a self‑petitioner, and there were no questions there. I filed it, received an RFE — it explicitly stated what was missing regarding the national interest, which is already half the job. I cried a little and then got back to grinding; I responded myself without a lawyer. So both the form and the RFE response are truly doable without outside help, if you assemble the package deliberately.
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