This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.
On February 26, 2024, the Department of Homeland Security (DHS) will increase premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS):
- From $1,500 to $1,685 for Form I-129, Petition for a Nonimmigrant Worker, for H-2B and R-1 nonimmigrant status; and Form I-765, Application for Employment Authorization, for certain F-1 students.
- From $1,750 to $1,965 for Form I-539, Application to Extend/Change Nonimmigrant Status, for 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 nonimmigrant status.
- From $2,500 to $2,805 for Form I-140, Immigrant Petition for Alien Workers, for employment-based classifications E11, E12, E21 (non-NIW), E31, E32, EW3, and recently available E13 and E21 (NIW).
A table in the final rule shows that overall, of those eligible for premium processing in fiscal years 2018 through 2022, 57% chose to submit a premium processing request:
If USCIS receives a Form I-907 postmarked on or after February 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, USCIS said.
