News

13 Jan 2026

United States

USCIS to Increase Premium Processing Fees on March 1, 2026

United States Citizenship and Immigration Services (USCIS) has published a final rule that increases the agency’s fees for the Premium Processing of various nonimmigrant petitions and applications and immigrant petitions.  These increases are relatively modest and are intended to reflect inflationary cost increases between June 2023 and June 2025.

Premium Processing allows the expedited processing of the following USCIS forms:

  • Form I-129, Petition for a Nonimmigrant Worker;
  • Form I-140, Immigrant Petition for Alien Worker;
  • Form I-765, Application for Employment Authorization; and
  • Form I-539, Application to Extend/Change Nonimmigrant Status.

To request premium processing, Form I-907, Request for Premium Processing, must be completed and submitted with the petition or application to be adjudicated or after the time of filing to request an upgrade to premium processing.  If Premium Processing is requested, USCIS guarantees that it will take adjudicative action (i.e., an approval, denial, or request for evidence) on the relevant application or petition within the time frames described below:

  • 15 business days for most Form I-129 nonimmigrant and Form I-140 immigrant petitions;
  • 30 business days for Form I-765;
  • 30 business days for Form I-539 applicants requesting a change of status to F-1, F-2, M-1, M-2, J-1 or J-2 nonimmigrant status;
  • 45 business days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver classifications

These increases will not be implemented until March 1, 2026.  Until then, the current Premium Processing fees will apply.  A Premium Processing request postmarked on or after March 1, 2026, must include the new fee for the specific benefit requested.  The chart below summarizes the various Premium Processing fee increases.

Form Current Fee New Fee
Form I-129, Petition for a Nonimmigrant Worker, H-2B or R-1 nonimmigrant status $1,685 $1,780
Form I-129, Petition for a Nonimmigrant Worker, all other available Form I-129 classifications:

E-1
E-2
E-3
H-1B
H-3
L-1A
L-1B
LZ
O-1
O-2
P-1
P-1S
P-2
P-2S
P-3
P-3S
Q-1
TN-1
TN-2

$2,805 $2,965
Form I-140, Immigrant Petition for Alien Worker, employment-based classifications:

E11
E12
E13
E21 (NIW and non-NIW)
E31
E32
EW3

$2,805 $2,965
Form I-539, Application to Extend/Change Nonimmigrant Status, requesting:

F-1
F-2
J-1
J-2
M-1
M-2

$1,965 $2,075
Form I-765, Application for Employment Authorization, for certain eligible applications (OPT and STEM-OPT Classifications) $1,685 $1,780

© 2022 Tafapolsky & Smith LLP. All rights reserved.
The content above is provided for informational purposes only. It should not be construed as legal advice on any subject matter. Use of this information does not create an attorney-client relationship. 

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A. James Vazquez-Azpiri

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J. Anthony Smith

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