FGI Alert: January 9, 2026
USCIS Premium Processing Fee Increases (Effective March 1, 2026)
The US Citizenship and Immigration Services (USCIS) has announced that the cost to request premium processing—a paid service that guarantees faster review of certain immigration filings—will increase again beginning March 1, 2026. This adjustment, required by statute and tied to inflation, will raise fees for various visa classifications and employment-based petitions. The changes affect employers, workers, students, and others who rely on expedited adjudication for petitions and applications, and reflect the agency’s ongoing efforts to align fee revenue with the cost of providing timely services.
Key Points
- Reason for the Increase: The Department of Homeland Security, acting through USCIS, is adjusting premium processing fees to keep pace with inflation, as measured by the Consumer Price Index for All Urban Consumers (CPI-U). This adjustment occurs every two years under current statute to maintain the real value of premium processing revenue.
- Who Is Affected: Fees for Form I-129 petitions (including H-1B, L-1, O-1, and other nonimmigrant categories) and Form I-140 immigrant worker petitions will increase. Fees for other forms eligible for premium processing—such as I-539 (change/extension of status) and I-765 (employment authorization requests)—will also rise.
- Amount of the Increase: For example, the premium processing fee for most I-129 and I-140 petitions will rise from $2,805 to $2,965, for I-539 from $1,965 to $2,075, and for I-765 from $1,685 to $1,780. Fees for H-2B and R-1 classifications under I-129 will increase from $1,685 to $1,780. See chart in the following section.
- Effective Date Requirements: The new fees must be included with any premium processing request postmarked on or after March 1, 2026; USCIS will reject and return requests filed with incorrect fees after that date.
- Premium Processing Basics: Premium processing remains an optional service that allows eligible petitions and applications to receive expedited review—typically within a guaranteed number of business days—helping applicants minimize delays and better plan employment start dates or status changes.
USCIS Fee Increase Chart
| Form | Previous 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 |
SOURCE: USCIS Newsroom, January 9, 2026: www.uscis.gov/newsroom/alerts/uscis-to-increase-premium-processing-fees
What US Employers Need To Know
- Budgeting for Immigration Costs: Employers sponsoring foreign workers under H-1B, L-1, O-1, or immigrant worker categories should update their immigration budget planning to reflect the higher premium processing fees starting March 1, 2026. Failure to include the correct updated fee can lead to returns or rejections of premium processing requests, delaying critical hires.
- Strategic Filing Timing: Employers filing petitions near the fee change date must be mindful of postmark and submission requirements; filings before March 1 may still use the prior fee, but anything afterward must include the new fee to avoid rejection.
- Impact on Staffing Plans: Because premium processing speeds up adjudications (e.g., for work authorization or visa approvals), higher fees could affect decisions about which cases to expedite, especially in competitive hiring environments.
- Employee Considerations: Employers may want to communicate fee changes to employees who might personally request premium processing (e.g., optional practical training (OPT) work permits or change-of-status requests) so they understand increased out-of-pocket costs.
- Compliance and Planning: Employers should review internal calendars and processing timelines to ensure that premium processing is requested appropriately and that fee payments match the classification and postmark date.
Looking Ahead
- Biennial Adjustments Continue: USCIS will likely continue adjusting premiums every two years based on statutory inflation measures, meaning employers and applicants will need to monitor fee changes routinely.
- Budget Pressure on Applicants: As fees increase periodically, applicants and employers may reassess when premium processing is truly necessary, particularly for categories with long adjudication backlogs.
- Service Level Expectations: USCIS states that these fee increases help sustain expedited services and address processing backlogs; whether adjudication times improve remains a key area to watch for applicants and immigration practitioners.
- Potential Policy Shifts: Future changes in immigration policy, budgeting, and fee structure could further alter premium processing access, costs, or timelines, especially if broader USCIS fee regulations are updated.
- Technology and Efficiency Gains: If USCIS adopts new technologies or processes to speed adjudications, the value proposition of premium processing could evolve, influencing how frequently employers rely on expedited services.
In summary, the USCIS premium processing fee increases effective March 1, 2026, represent an inflation-based adjustment to the cost of expedited immigration adjudications, affecting a wide range of visa categories and employment-based petitions. Employers and applicants should prepare for higher fees, adjust budgets accordingly, and ensure accurate fee submission to avoid processing delays. Over time, routine biennial inflation adjustments and broader USCIS fee reforms may influence how and when premium processing is used as part of immigration strategies.
The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.