Overview of the Final Rule
The U.S. Department of Homeland Security (DHS) has issued a Final Rule authorizing an increase in filing fees for Premium Processing services administered by U.S. Citizenship and Immigration Services (USCIS). This fee adjustment is mandated by the USCIS Stabilization Act, which grants DHS statutory authority to revise Premium Processing fees biennially to account for inflation.
The current adjustment reflects the inflationary period spanning June 2023 through June 2025. The stated purpose of the increase is to preserve the real dollar value of Premium Processing services and to support critical USCIS operations, including:
- Reduction of adjudication backlogs, and
- Enhancement of naturalization and benefit-processing services.
Effective Date and Compliance Requirements
- Effective Date: March 1, 2026
- Postmark Rule: Any Form I-907, Request for Premium Processing, postmarked on or after March 1, 2026, must be submitted with the newly adjusted fee.
- Incorrect Filings: Submissions postmarked on or after March 1, 2026, that include the prior fee amount will be rejected by USCIS as improperly filed, resulting in processing delays and potential adverse impact on case timelines.
Revised Premium Processing Fee Schedule
| Form & Classification | Previous Fee | New Fee (Effective March 1, 2026) |
| Form I-129 – H-2B or R-1 Non-immigrant Classification | $1,685 | $1,780 |
| Form I-129 – All Other Classifications (H-1B, L-1, O-1, TN, etc.) | $2,805 | $2,965 |
| Form I-140 – Immigrant Petition for Alien Worker (EB-1, EB-2, EB-3) | $2,805 | $2,965 |
| Form I-539 – Change or Extension of Status (F, J, M classifications) | $1,965 | $2,075 |
| Form I-765 – Employment Authorization (OPT and STEM OPT) | $1,685 | $1,780 |
Legal Analysis and Strategic Recommendations
To ensure compliance and cost efficiency, Immigration Fleet recommends the following strategic actions:
1. Immediate Filing Strategy
For cases currently eligible for Premium Processing, petitioners are strongly advised to file prior to March 1, 2026, where feasible. Early filing allows applicants to secure the lower pre-adjustment fee and avoid mandatory inflation-based increases.
2. Budgetary Planning for Employers
Employers utilizing Premium Processing for H-1B, L-1, O-1, or TN classifications should update immigration budgets to account for the $160 increase per Premium Processing request. For organizations filing multiple petitions, these incremental increases may materially impact annual immigration expenditures.
3. Strict Compliance with Form I-907 Requirements
USCIS mandates use of the current edition of Form I-907 along with the correct filing fee. Failure to comply with form instructions or submission of an incorrect fee will result in a rejection for cause, potentially jeopardizing:
- Time-sensitive start dates,
- Status extensions, and
- Continuity of employment authorization.
4. Impact on Students and Exchange Visitors
Applicants filing Form I-539 (F-1, M-1, J-1) and Form I-765 (OPT and STEM OPT) should note fee increases of $110 and $95, respectively. Given the rigid timelines associated with academic programs and employment authorization, applicants should coordinate closely with their Designated School Officials (DSOs) to file prior to the effective date whenever possible.
How Immigration fleet Law Firm Can Assist
Navigating frequent regulatory changes requires careful planning and precise execution. Immigration Fleet is prepared to assist clients with:
- Strategic review and preparation of pending I-129, I-140, I-539, and I-765 filings to meet the March 1, 2026 deadline;
- Verification of correct Premium Processing fees for all post-effective-date submissions; and
- Comprehensive legal consultation regarding the long-term implications of the USCIS Stabilization Act on corporate and individual immigration strategies.
