02 Jan USCIS Announces Inflation Adjustment to Premium Processing Fees from February 26, 2024
USCIS
US Citizenship and Immigration Services (USCIS) announced on December 27, 2023 a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. Premium Processing expedites the review of certain US visa petitions and applications filed with the USCIS for an additional fee. Depending on the visa category the expedited processing may ber 15 or 45 calendar days for the initial USCIS review or review of the response to request for evidence.
The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security (DHS) to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following the passage of the Act, DHS now is increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers.
DHS indicated it will use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.
If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
Here is a table with the previous and new Premium Processing fee:
| Form | Previous Fee | New Fee |
| Form I-129, Petition for a Nonimmigrant Worker | $1,500 (H-2B or R-1 nonimmigrant status)
$2,500 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) |
$1,685 (H-2B or R-1 nonimmigrant status)
$2,805 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) |
| Form I-140, Immigrant Petition for Alien Worker | $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) | $2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) |
| Form I-539, Application to Extend/Change Nonimmigrant Status | $1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) | $1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) |
| Form I-765, Application for Employment Authorization | $1,500 (Certain F-1 students with categories C03A, C03B, C03C) | $1,685 (Certain F-1 students with categories C03A, C03B, C03C) |
This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.