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Inflation Adjustment to Premium Processing Fees

January 4th, 2024

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U.S. Citizenship and Immigration Services (USCIS) has introduced a final rule detailing an adjustment in the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation.

Under the USCIS Stabilization Act, the current premium processing fees were established, along with the authority for the Department of Homeland Security (DHS) to biennially adjust these fees. After maintaining these fees unchanged for three years since the enactment of the Act, DHS has now decided to increase premium processing fees USCIS charges for all eligible forms and categories. This adjustment reflects the inflation rate from June 2021 through June 2023, as per the Consumer Price Index for All Urban Consumers.

The specific fee changes include increases from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805 for certain premium processing services. You may only request premium processing for a benefit if USCIS has announced on its website that premium processing is available for that benefit.

The revenue generated from this fee increase will be utilized by DHS to enhance premium processing services, improve adjudication processes, address adjudication demands, including the reduction of processing backlogs for benefit requests, and fund USCIS adjudication and naturalization services.

The fee change will go into effect on February 26, 2024. USCIS emphasizes that if they receive a Form I-907 postmarked on or after February 26, 2024, with an incorrect filing fee, it will be rejected, and the filing fee will be returned. For filings sent through commercial courier services such as UPS, FedEx, and DHL, the postmark date is considered the date reflected on the courier receipt. 

The full table of adjusted fees is below:

  • Form I-129, Petition for a Nonimmigrant Worker
    • Previous Fees: $1,500 (H-2B or R-1 nonimmigrant status); $2,500 (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, and TN-2))
    • New Fees: $1,685 (H-2B or R-1 nonimmigrant status); $2,805 (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, and TN-2))
  • Form I-140, Immigrant Petition for Alien Worker
    • Previous Fees: $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))
    • New Fees: $2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))
  • Form I-539, Application to Extend/Change Nonimmigrant Status
    • Previous Fees: $1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)
    • New Fees: $1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)
  • Form I-765, Application for Employment Authorization
    • Previous Fees: $1,500 (Certain F-1 students with categories C03A, C03B, C03C)
    • New Fees: $1,685 (Certain F-1 students with categories C03A, C03B, C03C)

This adjustment underscores the ongoing efforts to maintain the efficiency and effectiveness of immigration services in response to evolving needs and demands. If you have any questions about the new premium processing fees, contact our office today to set up a consultation with one of our attorneys!