Date: January 9, 2026
Source: U.S. Citizenship and Immigration Services (USCIS) alertWhat’s Happening?
U.S. Citizenship and Immigration Services (USCIS) has announced an upcoming increase in premium processing fees that will impact employers, U.S. workers, and foreign nationals relying on expedited visa and immigration benefit processing.
Premium processing is an optional service that allows applicants or petitioners to request faster adjudication of certain immigration filings. By paying an additional fee using Form I-907, Request for Premium Processing Service, USCIS guarantees a response in a significantly shorter timeframe than standard processing.
What’s Changing?
Under the new rule, and effective March 1, 2026, USCIS is increasing the statutory fees for premium processing to reflect inflation and rising operational costs. These changes are part of a broader effort by the Department of Homeland Security designed to ensure USCIS can continue to offer expedited services while covering administrative expenses.
While USCIS has not yet published all updated fee amounts as of this alert, the new rule will adjust the fee levels required for premium processing across a variety of commonly used immigration forms—particularly for employment and nonimmigrant petitions. Petitioners must pay the correct fee amount for any premium processing request submitted on or after the effective date to avoid rejection and return of the filing.
Who Is Impacted?
Premium processing is available for several key filings, including but not limited to:
- Form I-129, Petition for a Nonimmigrant Worker (e.g., H-1B, L-1, O-1, etc.)
- Form I-140, Immigrant Petition for Alien Worker (employment-based green card)
- Certain other benefit requests where USCIS has designated premium processing eligibility
These services are widely used by employers sponsoring foreign workers and individuals seeking expedited adjudication of their cases.
What Are The New Fees?
Under the new structure, the premium processing fee for most Form I‑129s (Petition for a Nonimmigrant Worker)—covering H‑1B, L‑1, O‑1, P-1, E-1/E-2, and similar classifications—will rise from $2,805 to $2,965. The same increase applies to Form I‑140 (Immigrant Petition for Alien Worker), which is used for employment‑based green card categories such as EB‑1, EB‑2, and EB‑3. For H-2Bs and R-1 applications, the fee will increase from $1,685 to $1,780.
For Form I‑539 (Application to Extend/Change Nonimmigrant Status)—commonly filed by students and exchange visitors in F, J, and M visa categories—the fee will increase from $1,965 to $2,075. The premium processing fee for Form I‑765 (Application for Employment Authorization), used by certain OPT and STEM‑OPT applicants, will rise from $1,685 to $1,780.
Why This Matters
For employers and individuals planning immigration filings, it’s critical to:
- Budget for higher premium processing costs, which may affect overall petition expenses
- Review fee amounts carefully when preparing Form I-907 to avoid mistakes that could lead to rejected filings
- Understand timing considerations, since processing timelines and fee requirements directly impact hiring and relocation plans
Premium processing remains a valuable option for many clients seeking faster decisions—especially where time-sensitive employment or adjustment of status matters are involved.
How Can We Help?
At Wildes & Weinberg, we help employers and individuals stay ahead of USCIS policy changes and ensure filings are submitted correctly the first time. If you or your organization anticipate needing premium processing for an upcoming petition or application, contact us to discuss strategy, timing, and compliance with the new fee requirements at michael@wildeslaw.com.
