The U.S. Department of Homeland Security (DHS) has published a final rule adjusting premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS). USCIS announced these changes as part of its ongoing efforts to update service fees. The DHS will publish the final rule in the Federal Register, which serves as the official source for such regulatory updates. The new fees will take effect on March 1, 2026 and apply to all premium processing requests postmarked on or after that date.
These changes are part of USCIS’ biennial inflation-based adjustment process and will impact employers, foreign nationals, and immigration attorneys who rely on expedited adjudication for time-sensitive filings.
What Is Premium Processing?
Premium processing is an optional USCIS service that allows petitioners or applicants to submit a premium processing request for expedited adjudication of certain eligible petitions and applications by paying an additional fee. In exchange, USCIS guarantees action—approval, denial, request for evidence (RFE), or notice of intent to deny (NOID)—within a designated timeframe, typically 15 business days.
Premium processing is commonly used for:
- Form I-129 petition (H-1B, L-1, O-1, R-1, and other nonimmigrant classifications)
- Form I-140 immigrant petition (employment-based immigrant petitions, including NIW)
- Certain Form I-765 filings, where premium processing is available for specific categories of employment authorization
Premium processing is also available for F-1 students seeking OPT and STEM OPT extensions.
This service is frequently used by employers filing on behalf of an foreign worker, as well as individuals and organizations submitting an immigrant petition or other eligible petition to expedite employment-based filings.
Why Are Premium Processing Fees Increasing?
Under the USCIS Stabilization Act, DHS is required to adjust premium processing fees every two years based on inflation, as measured by the Consumer Price Index for All Urban Consumers (CPI-U). DHS uses CPI-U data to determine the appropriate fee adjustment, ensuring that the calculation accurately reflects current economic conditions.
For this adjustment, DHS relied on CPI-U data from June 2023 through June 2025, resulting in an average increase of approximately 5.7%. The goal is to preserve the real value of premium processing services and maintain USCIS operational capacity, with the expected impact of the fee increase being an increase in USCIS revenue and potentially more efficient processing times.
Future fee adjustments will continue to follow this process, using CPI-U data to determine changes and support long-term planning.
New USCIS Premium Processing Fees (Effective March 1, 2026)
All premium processing requests postmarked on or after March 1, 2026 must include the updated fee:
| Form / Classification | Current Fee | New Fee |
|---|---|---|
| Form I-129 (H-2B or R-1) | $1,685 | $1,780 |
| Form I-129 (all other classifications, including H-1B, L-1, O, P) | $2,805 | $2,965 |
| Form I-140 (all employment-based immigrant petitions, including NIW) | $2,805 | $2,965 |
| Form I-539 (change/extension of status) | $1,965 | $2,075 |
| Form I-765 (eligible categories) | $1,685 | $1,780 |
Premium processing fees are separate from and in addition to standard USCIS filing fees.
Who Is Most Impacted?
These fee increases affect a wide range of stakeholders, including:
- Employers filing H-1B, L-1A/L-1B, O-1, or R-1 petitions
- Foreign nationals pursuing employment-based green cards (EB-1, EB-2, NIW)
- Students and workers requesting expedited EAD adjudication
- Religious organizations and nonprofits relying on R-1 premium processing
Businesses that routinely use premium processing should update immigration budgets and internal cost projections accordingly.
Practical Filing Tips Before March 1, 2026
- File early if possible: In most cases, petitions postmarked before March 1, 2026, may still qualify for the lower fee.
- Confirm correct fee amount: Incorrect fees can result in rejection and processing delays.
- Strategic use of premium processing: Despite higher costs, premium processing may still be essential for cap-gap issues, travel planning, work authorization gaps, or business-critical roles.
Final Thoughts
The 2026 USCIS premium processing fee increase underscores the importance of proactive immigration planning. Employers and applicants should evaluate filing timelines, budgeting considerations, and strategic use of premium processing well in advance of the March 1, 2026 effective date.
Contact Chicago office of HSD Immigration Lawyer for personalized guidance and support. At HSD Immigration Lawyer, we assists employers, investors, and professionals nationwide with premium processing strategy, compliance, and cost-effective immigration planning.