On December 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing. This fee increase will go into effect on Monday, February 26, 2024.
Per the summary of the final rule, the Department of Homeland Security (DHS) is increasing the premium processing fees charged by USCIS to reflect the inflation from June 2021 through June 2023, according to the Consumer Price Index for All Urban Consumers.
The new rule increases the premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.
As many recall, the Continuing Appropriations Act, which included the Emergency Stopgap USCIS Stabilization Act (USCIS Stabilization Act), established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following the passage of the Act, DHS is now increasing the premium processing fees.
USCIS is adjusting the current premium processing fees to ensure that the fees keep pace with inflation as contemplated by Congress in the USCIS Stabilization Act. It is USCIS’ intention that the premium processing fees will be adjusted biennially to consistently protect the real dollar value of the premium processing service that USCIS provides.
DHS estimates that an additional $184,715,135 in revenue will be collected from fee-paying applicants and petitioners due to the increase in premium processing fees subject to an adjustment for inflation.
DHS anticipates to use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.
Per the final rule, the 5-year annual average percentage of eligible Form I–129 petitioners who chose to submit a premium processing request was 57 percent. Comparably, the 5-year annual average percentage of eligible Form I– 140 petitioners who chose to submit a premium processing request was 53 percent.
This final rule increases the premium processing fees for Form I–129. The premium processing fee for H–2B or R– 1 nonimmigrant status will change from $1,500 to $1,685, an increase of $185.
The premium fee for 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) will change from $2,500 to $2,805, an increase of $305. DHS estimates the total increase in transfer payments from the Form I–129 fee-paying population will be $96,609,550 annually, for the biennial period after this rule takes effect.
The fee for all Form I–140 petitioners requesting premium processing will increase from $2,500 to $2,805. Using the historical 5-year annual average from FY 2018 through FY 2022, DHS estimates that as a result of the increase in filing fees for premium processing, the additional annual transfer payments from the Form I–140 fee-paying population to DHS will be $38,490,695 per year.
The USCIS Stabilization Act authorized USCIS to permit premium processing for newly eligible Form I–539 filers. Per the statute, the fee was originally set at $1,750. In June 2023, USCIS announced eligibility for F–1, F–2, J–1, J–2, M–1, and M–2 change of status filers. This newly eligible population of filers are students and exchange visitors. The fee for all Form I–539 petitioners requesting premium processing will increase from $1,750 to $1,965. DHS estimates the increase in filing fees for premium processing results in annual transfer payments from the Form I–539 fee-paying population of $17,695,360, for the biennial period after this rule takes effect.
Like Form I-539, the USCIS Stabilization Act authorized USCIS to permit premium processing of the Form I–765, Application for Employment Authorization. The USCIS Stabilization Act set the fee for the premium processing of Form I–765 at $1,500.
In March 2023, USCIS began premium processing for Forms I–765 for students applying for Optional Practical Training (OPT) and students seeking science, technology, engineering, and mathematics (STEM) OPT extensions. The fee for all Form I–765 applicants requesting premium processing will increase from $1,500 to $1,685.
As a reminder, the adjusted premium processing fees will go into effect on Monday, February 26, 2024. If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024 with the incorrect filing fee, they will reject the Form I-907 and return the filing fee. For filings sent by commercial couriers (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
For ready reference, we have included below a snapshot of the current and adjusted premium processing fees for the respective form types.
Form I-129, Petition for a Nonimmigrant Worker
Current Fee:
- $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 Fee:
- $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
Current Fee:
- $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)
New Fee:
- $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
Current Fee:
- $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 fee:
- $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
Current Fee:
- $1,500 (Certain F-1 students with categories C03A, C03B, C03C)
New fee:
- $1,685 (Certain F-1 students with categories C03A, C03B, C03C)
In conclusion, though the final rule clarified USCIS’ intention that premium processing fees will be adjusted biennially to consistently protect the real dollar value of the premium processing service that USCIS provides, it did not lay out any plans for expanding the premium processing services to other Form types or plans of hiring additional employees to strengthen the premium processing service.
We hope that the additional revenue of $184,715,135 to be collected by DHS due to the increase in premium processing fees will help DHS/USCIS develop and rollout real dollar value plans for expanding the premium processing services and responding to adjudication demands, including reducing benefit request processing backlogs.