USCIS Premium Processing Fees Will Increase on February 26, 2024
The U.S. Citizenship and Immigration Services just announced that it is increasing the government fees for premium processing services, pursuant to the USCIS Stabilization Act. The Act gives the Department of Homeland Security the authority to adjust premium processing fees for inflation every two years.
What is a premium processing fee?
Premium processing is an optional service available for some type of immigration benefits. This service allows applicants and petitioners to request a faster (premium) service for a fee, regardless of the reason for needing the faster service. This is distinguishable from the expedited processing service, which has no fee but can only be requested in very limited emergency situations.
What are the fees for premium processing?
There are only four types of immigration forms that can be accompanied by a premium processing request. Moreover, only certain subsets of these applications or petitions qualify for premium processing. The table below shows the types of immigration benefits currently eligible for premium processing, as well as their respective premium fees (old and new).
| Form | Type of Status Requested | Premium Fee Before 02/26/2024 | Premium Fee After 02/26/2024 |
| I-129, Petition for a Nonimmigrant Worker | H-2B or R-1 nonimmigrant status | $1,500 | $1,685 |
| I-129, Petition for a Nonimmigrant Worker | 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 |
$2,500 |
$2,805 |
| I-140, Immigrant Petition for Alien Worker | Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) |
$2,500 |
$2,805 |
| I-539, Application to Extend/Change Nonimmigrant Status | 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 | $1,750 | $1,965 |
| I-765, Application for Employment Authorization | F-1 students requesting OPT and/or STEM OPT (categories C03A, C03B, C03C) | $1,500 | $1,685 |
Are there any other fees associated with these applications?
Yes. The fees listed in the table above are only for the optional premium processing service. Each of the applications or petition types listed above has a mandatory filing fee that varies, depending on the type of immigration benefit requested and other statutory factors, as applicable on a case-by-case basis.
How long does premium processing take?
Premium processing often speeds up the process considerably. Some applications or petitions can take several months or even more than a year to go through the system under regular processing. However, with premium processing USCIS usually acts on a qualifying petition or application in 15 to 45 calendar days depending on the type of application, as follows:
- 45 calendar days for I-140 Petitions seeking EB-1C classification (multinational executive or manager);
- 45 calendar days for I-140 Petitions seeking EB-2 classification in the National Interest Waiver (NIW);
- 30 calendar days for I-765 for F-1 students seeking OPT or STEM OPT extensions;
- 30 calendar days for I-539 applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status, once all prerequisites are met (including receipt of biometrics, if applicable);
- 15 calendar days for all other classifications eligible for premium processing.
During the timeframes listed above, USCIS must act on the petition and notify the application or petitioner either of a final decision, or of another action to be taken on the case, such as a request for evidence (RFE), notice of intent to deny, or investigation for fraud or misrepresentation. If USCIS requests additional evidence, then a new premium processing clock starts once USCIS receives the response to its request.
How and when do I request premium processing?
Premium processing must be requested on Form I-907, Request for Premium Processing Service, along with the appropriate government fee. The request may be made at the same time as the initial application for the eligible immigration benefit. Alternatively, a request for premium processing may be submitted at a later time, after an application or petition for an immigration benefit is already pending. If the request is submitted after the underlying application is already pending, then the premium processing clock runs from receipt of the premium processing request, not from receipt of the underlying benefit request.
What happens if USCIS does not act on my application or petition within the premium processing time?
If premium processing is properly requested and USCIS fails to act within the applicable premium processing time, then USCIS must return the premium processing fee back to the applicant or petitioner.
Are there any other types of immigration benefits eligible for premium processing?
Only the forms and immigration benefits listed above are currently eligible for premium processing, although more benefits may be added at a later time in the discretion of the U.S. government. However, those immigration benefits not currently eligible for premium processing may still qualify for expedited processing, to be determined on a case-by-case basis. Expedited processing does not have an extra fee, but it can only be requested in limited emergency situations, and only if premium processing is otherwise not available.
If you are seeking additional information regarding premium processing for immigration benefits, or if you have any other immigration-related questions, contact Attorney Raluca (Luca) Vais-Ottosen at rvo@dewittllp.com or (608) 252-9291.