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USCIS Announces Inflation Adjustment to Premium Processing Fees

We bring you an important update from the U.S. Citizenship and Immigration Services (USCIS) regarding a final rule that will impact the filing fee for Form I-907, Request for Premium Processing. The USCIS has announced an adjustment to the premium processing fees to account for inflation, as outlined by the USCIS Stabilization Act.

The current premium processing fees were established by the USCIS Stabilization Act, allowing the Department of Homeland Security (DHS) to adjust these fees biennially. Despite holding these fees steady for three years post the Act’s passage, the DHS is now implementing changes to reflect the inflationary trends from June 2021 through June 2023, based on the Consumer Price Index for All Urban Consumers.

Effective February 26, 2024, the premium processing fees for eligible forms and categories will be adjusted. Notably, certain fees will see an increase, with fees for Form I-907 changing from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.

The DHS intends to utilize the revenue generated from this fee adjustment to enhance premium processing services, make improvements to adjudication processes, address adjudication demands, reduce benefit request processing backlogs, and fund USCIS adjudication and naturalization services.

It’s crucial to note that the fee change will be in effect starting February 26, 2024. If USCIS receives a Form I-907 postmarked on or after this date with an incorrect filing fee, the form will be rejected, and the filing fee will be returned. For filings sent via commercial courier, such as UPS, FedEx, and DHL, the postmark date is the date reflected on the courier receipt.

Here’s a summary of the adjusted fees for various forms:

Form Previous Fee New Fee
Form I-129, Petition for a Nonimmigrant Worker $1,500 (H-2B or R-1 nonimmigrant status) $1,685 (H-2B or R-1 nonimmigrant status)
$2,500 (All other available Form I-129 classifications) $2,805 (All other available Form I-129 classifications)
Form I-140, Immigrant Petition for Alien Worker $2,500 (Employment-based (EB) classifications) $2,805 (Employment-based (EB) classifications)
Form I-539, Application to Extend/Change Nonimmigrant Status $1,750 (Form I-539 classifications) $1,965 (Form I-539 classifications)
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)

Additionally, USCIS reminds applicants that premium processing can only be requested if USCIS has announced on its website that premium processing is available for the specific benefit.

We recommend that individuals and organizations planning to submit forms affected by these fee adjustments review the USCIS website for any additional updates or changes. Stay informed to ensure a smooth and successful application process.

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The content provided on this blog is for informational purposes only and does not constitute legal advice. Readers should not act upon any information presented on this blog without seeking professional legal counsel. The opinions expressed at or through this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please consult with an attorney regarding your specific legal situation.

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