U.S. Citizenship and Immigration Services 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.
What to Expect
- The fee change will go into effect on February 26, 2024.
- If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, USCIS 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.
The increase in premium processing fees applies to 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.
The full table of adjusted fees is as follows:
| 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) |
The USCIS Stabilization Act established the current premium processing fees and gave the Department of Homeland Security the authority to adjust the premium fees biennially. These fees remained the same for three years.
DHS will use the revenue generated by the premium processing fee increase to provide premium processing services, improve adjudication processes, respond to adjudication demands, reduce benefit request processing backlogs, and otherwise fund USCIS adjudication and naturalization services.
Premium processing may only be requested for a benefit if USCIS has announced on its website that premium processing is available for that benefit.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.