What is changing and when
Premium processing fees for Form I-140 immigrant worker petitions and most Form I-129 nonimmigrant worker petitions will increase from $2,805 to $2,965.
Reduced premium fees for certain classifications, including H-2B and R-1, will also rise.
Premium processing fees for Form I-539 and Form I-765 applications will increase at the same time.
All new fees apply to cases postmarked on or after March 1, 2026. Filings submitted before that date with the current fees should continue to be accepted if otherwise properly filed.
New USCIS premium processing fees from March 1, 2026
| Case type | Current fee | New fee from March 1, 2026 | Increase |
|---|---|---|---|
| Form I-140 | $2,805 | $2,965 | $160 |
| Form I-129 (most classifications) | $2,805 | $2,965 | $160 |
| Form I-129 (H-2B and R-1) | $1,685 | $1,780 | $95 |
| Form I-539 | $1,965 | $2,075 | $110 |
| Form I-765 (F-1 OPT) | $1,685 | $1,780 | $95 |
Why USCIS is increasing premium processing fees
According to an advance copy of a final rule scheduled for publication in the Federal Register on January 12, USCIS is implementing a biennial inflationary adjustment to premium processing fees. The increase reflects inflation between June 2023 and June 2025 and is based on statutory authority allowing USCIS to adjust premium fees every two years.
Premium processing fees were last adjusted in February 2024. USCIS has confirmed that the current increase is a mechanical inflation adjustment rather than a policy change and is not connected to broader immigration fee reform.
The underlying filing fees for the affected forms are unchanged.
What the premium processing fee increase means for employers
For employers, the increase itself is modest, but the cumulative impact likely not. Premium processing is frequently used to manage start dates, workforce continuity, travel risk and project timelines. Even relatively small increases can materially affect annual immigration budgets when applied across multiple hires, extensions or green card stages.
Employers should reassess whether premium processing is being used selectively and strategically rather than as a default. In some cases, standard processing may now be commercially workable. In others, particularly for business-critical roles or time-sensitive transfers, premium processing will remain necessary.
The March 1 effective date also creates a narrow planning window. Employers with cases close to filing should consider whether accelerated preparation and filing before the increase is appropriate.
What the premium processing fee increase means for applicants
For individual applicants, particularly those paying premium processing fees personally, the increase adds to an already high overall cost of US immigration. Premium processing does not improve approval prospects and does not prevent requests for evidence. It affects adjudication speed only.
Applicants should consider carefully whether premium processing is genuinely required, particularly for applications where timing pressure varies significantly. Where premium processing is needed to avoid gaps in work authorisation or travel disruption, the higher fee should be built into planning from the outset.
NNU: Attorney Perspective
Premium processing remains valuable, but its use may increasingly demand justification for employers and individual applicants alike as the levels rise through biennial inflationary adjustments.
For employers, this reinforces the importance of earlier filings, realistic timelines and reduced reliance on expedited services. For applicants, it highlights the need to align immigration decisions with broader financial and career planning.
Need Assistance?
If you are considering premium processing for a US immigration application, or you are an employer assessing timing and cost exposure for upcoming filings, tailored advice can help determine whether expedited processing is appropriate.
Our US immigration attorneys advise employers and individuals on filing strategy, timing risk and cost control across employment-based routes. Contact us to book a fixed-fee telephone consultation for advice on your circumstances.
