The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has announced an increase in premium processing fees pursuant to the USCIS Stabilization Act. The increase reflects a congressionally mandated, inflation based adjustment and is part of a biennial review process designed to ensure that premium processing fees retain their real dollar value over time.

Legal Authority and Background

The USCIS Stabilization Act provides DHS with express authority to adjust premium processing fees every two years based on inflation. This authority is codified at section 286(u)(3)(C) of the Immigration and Nationality Act, which requires DHS to calculate fee adjustments using the Consumer Price Index for All Urban Consumers (CPI-U).

Additional information regarding the USCIS Stabilization Act is available at: https://www.congress.gov/117/plaws/publ286/PLAW-117publ286.pdf

The first inflationary adjustment under this statutory framework occurred in December 2023, when DHS issued a final rule increasing premium processing fees to reflect inflation from June 2021 through June 2023. Those increases became effective on February 26, 2024.

DHS has now implemented the next required adjustment, covering inflation from June 2023 through June 2025. For this calculation, DHS compared the CPI-U for June 2023 with the CPI-U for June 2025. This comparison resulted in an inflation increase of approximately 5.72 percent, which DHS has applied uniformly to existing premium processing fees in accordance with the statute and implementing regulations.

Effective Date 

The updated premium processing fees will take effect on March 1, 2026. Any premium processing request postmarked on or after that date must include the new fee amount. Requests submitted with outdated fees may be rejected, which can result in processing delays.

 New Premium Processing Fee Structure Effective March 1, 2026

• Form I-129 for H-2B or R-1 nonimmigrant status Fee increases from $1,685 to $1,780
• Form I-129 for all other eligible nonimmigrant classifications This includes E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-2, P-3, Q-1, TN-1, and TN-2 Fee increases from $2,805 to $2,965
• Form I-140 for employment-based immigrant petitions This includes EB-1, EB-2 including NIW, and EB-3 classifications Fee increases from $2,805 to $2,965
• Form I-539 for certain change or extension of status applications This applies to F-1, F-2, J-1, J-2, M-1, and M-2 classifications Fee increases from $1,965 to $2,075
• Form I-765 for employment authorization This applies only to eligible OPT and STEM OPT applications Fee increases from $1,685 to $1,780

Filing Requirements and Important Notes 

Premium processing requests must be submitted using Form I-907, Request for Premium Processing, and must follow USCIS form instructions. The premium processing fee cannot be waived and must be paid separately from all other filing fees associated with the underlying immigration benefit. Premium processing is available only for benefit categories for which USCIS has formally announced eligibility.

Purpose of the Fee Increase

DHS has stated that revenue generated from this increase will be used to support premium processing services, improve adjudication processes, respond to growing adjudication demands including processing backlogs, and fund broader USCIS adjudication and naturalization services. DHS has also confirmed that it intends to continue adjusting premium processing fees on a biennial basis in accordance with the USCIS Stabilization Act.

Planning Considerations

Employers, foreign nationals, and students who rely on premium processing for time sensitive filings such as H-1B petitions, L-1 intracompany transfers, O-1 petitions, employment-based immigrant petitions and OPT or STEM OPT applications should plan carefully ahead of the March 1, 2026 effective date to avoid filing errors or delays. 

https://www.uscis.gov/newsroom/alerts/uscis-to-increase-premium-processing-fees 

Disclaimer: This newsletter is provided for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, and agency policies are subject to change, and their application may vary depending on individual circumstances. Readers should consult qualified immigration counsel for advice tailored to their specific situation.