USCIS to Increase Premium Processing Fees
The U.S. Department of Homeland Security is publishing a final rule that will increase premium processing fees, effective March 1, 2026. The increase reflects inflation adjustments between June 2023 and June 2025, authorized under the USCIS Stabilization Act.
New Premium Processing Fees (Effective March 1, 2026)
These changes apply to a wide range of employment-based and nonimmigrant filings and will affect employers, employees, students, and applicants who rely on expedited adjudication to meet business deadlines, avoid employment authorization gaps, expedite travel, etc. Premium processing allows eligible petitions to be processed within a guaranteed timeframe (15 business days for most applications) for an additional fee. The new fees apply to requests for premium processing postmarked on or after March 1, 2026. USCIS will reject filings with incorrect premium processing fees.
See the chart below summarizing the current vs. new premium processing fees.
| Form/Case Type | Previous Fee | New Fee (March 1, 2026) |
| Form I-129 Petition for Nonimmigrant Worker for H-2B or R-1 classification |
$1,685 |
$1,780 |
| Form I-129 Petition for Nonimmigrant Worker for all other classifications including E-1, E-2, E-3, H-1B, H-3 L-1A, L-1B, L Blanket, O-1, O-2, P-1, P-2, P-3, Q-1 and TN |
$2,805 |
$2,965 |
| Form I-140 Immigrant Petition for employment-based classifications under EB-1, EB-2, EB-3, NIW |
$2,805 |
$2,965 |
| Form I-539 Application to Extend/Change Nonimmigration status for F, J, M nonimmigrants |
$1,965 |
$2,075 |
| Form I-765 Application for Employment Authorization for OPT and STEM OPT Classifications |
$1,685 |
$1,780 |
Planning Ahead
Employers who have policies regarding when premium processing fees are covered may want to review and/or update their policy to ensure the policy covers those cases that truly require premium processing. For employers with a significant number of foreign national employees, these increases may also significantly impact immigration budgeting for 2026 so employers may want to revisit the 2026 budget now. File eligible cases before March 1, 2026 where timing allows, and review any filings planned for early 2026 to determine if strategic timing may help avoid higher costs or processing delays.
These developments underscore the ongoing impact of U.S. immigration policy, with the potential for significant legal and economic ramifications for affected communities. Moore & Van Allen is closely monitoring these developments as they unfold.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
