National Interest Waivers

How much will it cost to file an NIW petition?

The attorney’s fees for an NIW petition are a flat fee of $3,980, which can be paid in either four or nine installments. We understand that you have other financial demands, so we allow these flexible no-interest attorney fee payment plans to be paid by credit card, with no additional processing fees. We also offer a MONEY BACK and/or a REFILE GUARANTEE for qualified cases. In the highly unlikely event that your NIW petition is denied, ALL attorney’s fees paid for your NIW petition would be completely refunded or we will refile your case for no additional attorney fees.

In addition to the attorney fees, there is a $700 USCIS filing fee and a $100 fee for out-of-pocket expenses (FedEx overnight, etc.) for a total cost of $4,780.

Why choose The Arkell Immigration Team and the Dunn Law Firm?

Personal Service, Proven Success, Outstanding Value - Every client is very important to our firm – he or she is not just a statistic. That is why we always start with an in-person phone conversation and why we make ourselves available to our clients throughout the process. The Team personally reviews each case and only accepts the cases they believe will be approved. Having personally gone through the immigration process, both Attorney Thomas Arkell and Attorney Jim Arkell know how important getting a green card is to our clients. Our success rate on guaranteed cases for the past twenty years is over 99%. Given the experience of the Arkell Immigration team, our fees demonstrate unmatched value in the industry.

How qualified is the Arkell Immigration Team?

The Arkell Immigration Team has over one hundred (100) years of collective experience in handling complex immigration matters and has filed 1000s of NIW cases. The team is led by Attorney Thomas Arkell and Attorney Jim Arkell. Tom Arkell earned both his undergraduate degree and law degree from the University of Notre Dame (ranked in the top 25 law schools) and has been licensed to practice law for over twenty years. He is a member of the American Immigration Lawyers Association. Jim Arkell has been a licensed attorney for over 30 years and has presented on National Interest Waivers to Universities all over the U.S. including Harvard, MIT, Johns Hopkins, USC, the University of Michigan, The University of Texas, and The Ohio State University, among several others. Both Tom and Jim have earned the prestigious “Client Choice Award” from AVVO based on verified Client Reviews.

What is the National Interest Waiver (NIW)?

The National Interest Waiver (NIW) petition allows foreign nationals to bypass the cumbersome labor certification process which is ordinarily required to obtain permanent residence through the EB-2 employment-based permanent residence category.

What factors are considered by USCIS to be beneficial to the national interest of the United States?

The applicant’s proposed endeavor has both substantial merit and national importance.
The applicant is well-positioned to advance the proposed endeavor.
It would be beneficial to the United States to waive the job offer and labor certification.

What services do you provide?

We prepare and file the NIW petition and all supporting documentation including drafting all forms and working collaboratively with you to draft recommendation letters. We also draft a detailed NIW petition cover letter. We address any Request For Evidence (RFE) made by USCIS. Additionally, we can be retained to represent you throughout the Adjustment of Status (AOS) process and we follow up on your case with USCIS until green card approval.

We have also been retained by new clients simply to prepare and file their Adjustment of Status application. (AOS).

Finally, we have been retained by new clients (represented by someone else for the NIW) to respond to and address the issues raised in their RFE.

How long does the NIW process take?

We have filed NIW petitions from start to finish in as little as 5 working days. It depends on how motivated you are and how long it takes for your recommenders to return signed letters of recommendation. Letters can be sent as signed PDFs to save time. After the petition is submitted, it takes approximately six months for the NIW to be approved although processing times vary depending on where the petition is being processed. At present NIW decisions out of the Texas Service Center are taking anywhere from a few weeks to six months. The Nebraska Service Center is pretty consistently taking five to six months.

How long does the AOS process take?

After the petition is submitted, it usually takes three to six months for the AOS to be approved although processing times vary. The accompanying temporary work and travel documents will typically be approved in three to four months.

How much would it cost to file an AOS petition with the NIW petition?

Attorney fees for Adjustment of Status, Employment Authorization and Advance Parole vary from case to case depending on state of residence, number of dependents, length of employment and whether there are any issues related to public charge. Additionally, the USCIS filing fee for any applicant or dependent over the age of 14 will be $1,225.00. The USCIS filing fee for any dependent under the age of 14 will be $750.00.

How many letters of recommendation do I need for the NIW petition?

The number of letters is dependent on the strength of each case. We suggest obtaining 3 to 4 letters of recommendation. The attorney fee includes the attorneys working collaboratively with you in the drafting of the letters. If you choose to be less involved in the process, you can retain us to write the letters for you. This allows you a choice.

Where will my NIW application be filed?

Where an NIW petition is filed is dependent on where the petitioner will be working and whether the I-140 is being filed concurrently with Premium Processing or an Adjustment of Status. USCIS occasionally changes the filing locations so it is important to confirm the correct location prior to filing.

What are my options if I am in F-1 status?

Given current priority dates, we strongly recommend that F-1 students file for a National Interest Waiver as soon as they are qualified. Having completed an advanced degree or establishing exceptional ability is a prerequisite.

What if I am in J-1 status?

If your status is J-1, you should file for an NIW as soon as you are qualified. You can file an NIW even if you are subject to the two-year home residence requirement. However, if you are subject to the two-year rule, you will need to either get a waiver of the two-year home residence requirement or fulfill the requirement by returning home for two years before you can file an adjustment of status.

How do I know if the J-1 two-year home residence requirement applies to me?

There are two ways to check if this applies to you.

If you renew your DS-2019 you should see if the “Not Subject” or “Subject” box is checked.
You may also look at your J-1 visa stamp to see if it states that you are subject or not.

What if I am currently in J-1 status and subject to the two-year home residence requirement?

If you are currently subject to the two-year home residence requirement, you can still apply for the NIW. However, you will need to obtain a J-1 waiver or satisfy the requirement before applying for adjustment of status.

What if I am in H-1B status?

An H-1B petition is your best option because H-1B status provides for dual intent. If you have an employer willing to file an H-1B petition on your behalf you should do so. Generally, dual intent means you can enter the U.S. on a valid H-1B visa while your adjustment of status application is pending. On F-1 or J-1 status, you must obtain advance parole before you leave the U.S.

Who will be assigned to my case?

Your case will be personally handled by one of the Arkell Immigration Team attorneys with the assistance of the highly experienced members of our Team. We do not outsource any of the work. When hiring an attorney to handle your case, you should insist that you be provided the name of the attorney who is responsible for your case and ensure that you will have direct access to them.

FAQs