The Department of Homeland Security has published a final rule adjusting premium processing fees charged by U.S. Citizenship and Immigration Services. Effective March 1, 2026, any request for premium processing postmarked on or after this date must include the new fee for the specific benefit requested. This biennial adjustment reflects inflation and will impact foreign nationals, employers, and visa holders across multiple immigration categories.
Understanding the USCIS Premium Processing Fee Increase 2026
The USCIS premium processing fee increase is based on a 5.72 percent inflation rate measured by the Consumer Price Index for All Urban Consumers between June 2023 and June 2025. This adjustment follows the authority granted under the Emergency Stopgap USCIS Stabilization Act, which requires DHS to adjust premium processing fees every two years to account for inflation.
New Premium Processing Fees Effective March 1, 2026
The following fee increases will take effect for all premium processing requests postmarked on or after March 1, 2026:
Form I-129 (Nonimmigrant Worker Petitions):
- H-1B, L-1, O-1, E-3, TN classifications: Increases from $2,805 to $2,965
- H-2B and R-1 classifications: Increases from $1,685 to $1,780
Form I-140 (Employment-Based Immigrant Petitions):
- All employment-based categories (EB-1, EB-2, EB-3, including National Interest Waiver): Increases from $2,805 to $2,965
Form I-539 (Extension or Change of Nonimmigrant Status):
- F-1, J-1, and M-1 student categories: Increases from $1,965 to $2,075
Form I-765 (Employment Authorization Document):
- OPT and STEM OPT categories: Increases from $1,685 to $1,780
How the USCIS Premium Processing Fee Increase Affects You
Premium processing allows petitioners and applicants to receive expedited adjudication of eligible immigration benefit requests, typically within 15 calendar days. While optional, many foreign nationals and employers rely on this service to meet critical deadlines, avoid gaps in work authorization, or facilitate international travel plans.
The revenue generated from the USCIS premium processing fee increase 2026 will support premium processing services, enhance adjudication processes, address existing backlogs, and fund USCIS naturalization services. USCIS has indicated the higher fees are expected to generate approximately $77 million annually to support these operations.
Planning for the March 1, 2026 Effective Date
Foreign nationals and employers should consider the following strategies:
Submit Before March 1, 2026: Petitions and applications postmarked before March 1, 2026, may still qualify for current, lower premium processing fees. If your case timeline permits, filing before the effective date could result in cost savings.
Verify Correct Fee Amounts: USCIS will reject any premium processing request submitted with an incorrect fee amount. Ensure that Form I-907 includes the appropriate fee based on the postmark date and specific benefit type requested.
Budget Accordingly: Employers sponsoring foreign workers should factor the new premium processing fees into immigration budgets for fiscal year 2026 and beyond. These fees are separate from and in addition to standard USCIS filing fees.
Evaluate Strategic Use: Despite higher costs, premium processing may remain essential for time-sensitive situations including cap-gap issues, imminent travel needs, work authorization gaps, or business-critical hiring decisions.
Authority for USCIS Premium Processing Fee Adjustments
The authority to adjust premium processing fees stems from Section 286(u) of the Immigration and Nationality Act, as amended by the Emergency Stopgap USCIS Stabilization Act. This legislation, signed into law on October 1, 2020, established the framework for biennial inflation-based adjustments and expanded DHS authority to use premium processing revenue for broader USCIS operations.
The most recent adjustment occurred in February 2024, when premium processing fees increased from the baseline amounts set in October 2020. The current adjustment maintains this two-year cycle, ensuring fees keep pace with inflation and preserve the real value of premium processing services.
What Remains Unchanged
The USCIS premium processing fee increase 2026 does not affect:
- Eligibility criteria for premium processing
- Processing time guarantees (generally 15 calendar days)
- Which forms or benefit types are eligible for premium processing
- Standard USCIS filing fees for underlying petitions and applications
Premium processing remains available only for benefit types specifically designated by USCIS as eligible. All requests must be submitted using Form I-907, Request for Premium Processing Service, following USCIS form instructions and filing procedures.
Important Compliance Considerations
Premium processing fees may not be waived and must be paid in addition to, and in a separate remittance from, other filing fees. If a premium processing request is submitted together with the underlying immigration benefit request, all required fees in the correct amounts must be paid.
Foreign nationals should work closely with experienced immigration counsel to determine whether premium processing is appropriate for their specific situation and to ensure compliance with all USCIS filing requirements, including proper fee submission.
Looking Ahead
USCIS has indicated its intention to continue adjusting premium processing fees biennially to consistently protect the real dollar value of premium processing services. Foreign nationals and employers should anticipate future adjustments approximately every two years, based on Consumer Price Index data.
As immigration planning becomes increasingly complex, understanding fee structures and filing deadlines is essential for successful case outcomes. The USCIS premium processing fee increase 2026 underscores the importance of proactive planning and early consultation with immigration counsel.
