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USCIS implemented new premium processing fees on March 1, 2026, reflecting the biennial inflation adjustment authorized by the USCIS Stabilization Act. The adjustment was calculated based on the Consumer Price Index for All Urban Consumers (CPI-U) for the period from June 2023 to June 2025, and affects all premium processing requests postmarked on or after the effective date. Any petition submitted with the previous fees after March 1, 2026 will be rejected or have its processing delayed.
Premium processing is an optional service that guarantees expedited adjudication of certain immigration petitions and applications. By paying the additional fee through Form I-907, the applicant receives action from USCIS within specific timeframes that vary according to the form type. Understanding the new fees is essential for employers, attorneys, and petitioners planning filings in the coming months.
New Fees in Effect
The table below shows the updated premium processing fees for each form and classification, compared to the previous fees. All amounts are in US dollars and refer exclusively to the I-907 form fee, which is in addition to the regular filing fees for each form.
| Form and Classification | Previous Fee | New Fee |
|---|---|---|
| I-129 – H-2B or R-1 | $1,685 | $1,780 |
| I-129 – Other classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, O-1, O-2, P, Q, TN) | $2,805 | $2,965 |
| I-140 – Employment-based petitions (EB-1, EB-2, EB-3, NIW) | $2,805 | $2,965 |
| I-539 – Change or extension of status (F, J, M) | $1,965 | $2,075 |
| I-765 – Employment authorization (eligible OPT and STEM OPT) | $1,685 | $1,780 |
What Is Premium Processing
The premium processing service was created to offer an expedited adjudication alternative for certain categories of immigration petitions. By submitting Form I-907 with the corresponding fee, the petitioner ensures that USCIS will take action on the case within the regulatory timeframe. This action may be an approval, denial, request for additional evidence (RFE), or notice of intent to deny (NOID).
It is important to note that premium processing guarantees speed in review, but does not influence the merits of the decision. Approval is not guaranteed by payment of the additional fee-only the response time is expedited. If USCIS does not take action within the stipulated timeframe, the applicant may request a refund of the premium processing fee.
Eligible Forms
Not all immigration petitions are eligible for premium processing. Currently, the service is available for the following forms: I-129 (Petition for a Nonimmigrant Worker), which covers temporary work visas such as H-1B, L-1, O-1, E-2, and TN, among others; I-140 (Immigrant Petition for Alien Workers), which covers employment-based green card petitions in the EB-1, EB-2 (including NIW), and EB-3 categories; I-539 (Application to Extend/Change Nonimmigrant Status), for certain changes or extensions of status; and I-765 (Application for Employment Authorization), specifically for OPT and STEM OPT.
For EB-2 NIW petitioners, the availability of premium processing for Form I-140 is particularly relevant. Regular processing of the I-140 can take 6 to 12 months, while premium processing reduces this period to 45 calendar days, allowing for more agile and predictable immigration planning.
Adjudication Timeframes
The premium processing response times vary depending on the form. For the I-129, USCIS commits to taking action within 15 business days for most classifications. For the I-140, the timeframe is 45 calendar days. The timeframes are counted from the date USCIS receives the properly completed premium processing request with the correct fee.
If USCIS issues an RFE (Request for Evidence) during premium processing, the clock is paused. After the petitioner responds to the RFE, USCIS starts a new counting period to make the final decision within the regulatory timeframe. This means that the total time between filing and final decision may be longer than the nominal premium processing timeframe when additional evidence is requested.
Legal Basis for the Adjustment
The adjustment of premium processing fees is authorized by the USCIS Stabilization Act, which allows the Department of Homeland Security to adjust the amounts every two years to reflect accumulated inflation. The goal is to preserve the real value of premium processing revenues, which fund USCIS operations and contribute to the overall efficiency of the US immigration system. The final rule published in the Federal Register in January 2026 details the calculation methodology based on the CPI-U and sets the new amounts effective March 1, 2026.
Employers, immigration attorneys, and individual petitioners should update their financial planning to reflect the new amounts. It is essential to check the correct fee using the Fee Calculator available on the USCIS website before any filing, especially during transition periods, to avoid rejections due to incorrect fees. Petitions submitted with outdated amounts after the effective date are returned without processing, which can result in significant delays and loss of priority dates in time-sensitive cases.
Learn more about E-2 Visa
- Type
- Non-immigrant
- Initial validity
- 2-5 years
- Extension
- Unlimited (2 years each)
- Processing
- 1-4 months
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Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
