Increase in US Premium Processing Fees
From February 26, 2024 USCIS fees for premium processing of certain employment-based applications and petitions will increase.
| Form | Premium Processing Fee from February 26, 2024 |
|---|---|
| Form I-129, Petition for a Nonimmigrant Worker | $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 | $2,805 (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 | $1,965 (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 | $1,685 (Certain F-1 students with categories C03A, C03B, C03C) |
The new fees will apply to premium processing requests postmarked on or after February 26, 2024.
In its press statement, USCIS stated the increase reflects the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers.
USCIS says that it plans to increase premium processing fees on a biennial basis in the future, in accordance with powers afforded to the agency under the USCIS Stabilization Act.
Premium processing is only available for application categories as advised on the USCIS website.
When will the increase take effect?
Forms I-907 postmarked on or after February 26, 2024 will only be processed in line with the increased fees. For applications sent by couriers such as FedEx and UPS, the postmarked date will be the date stated on the courier receipt.
Forms I-907 received with the incorrect filing fee on or after February 26, 2024 will be rejected and the filing fee returned.
Need assistance?
Employers are advised to review and adjust recruitment budgets to account for the increased cost of premium processing for international recruitment. For guidance on the new fees and the impact on your talent mobility program, contact us.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
