What’s Happening
On January 9, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) has issued a final rule increasing premium processing fees for certain employment-based immigration filings beginning March 1, 2026. The fee increase is authorized under the USCIS Stabilization Act, which permits DHS to adjust premium processing fees every two years to account for inflation. The last time DHS increased the fees was in February 2024.
What You Need to Know
The new fees will apply to premium processing requests postmarked on or after March 1, 2026. The adjusted premium processing fees are as follows:
Form I-140, Immigrant Petition for Alien Worker, from $2,805 to $2,965;
Form I-129, Petition for a Nonimmigrant Worker, from $2,805 to $2,965 (from $1,685 to $1,780 for H-2B and R-1 petitions only);
Form I-539, Application to Extend/Chance Nonimmigrant Status (F, J, and M status only) from $1,965 to $2,075; and
Form I-765, Application for Employment Authorization, from $1,685 to $1,780 for F-1 OPT and STEM-OPT applications only.
Employers may want to review their 2026 immigration cost projections to account for this increase in filing fees.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how premium processing fee increases may apply to your circumstances, please contact your team at D&S.