The U.S. Citizenship & Immigration Services (USCIS) has announced an increase in Premium Processing fees (Form I-907) for certain immigration benefits applications including Forms I-129, I-140, I-539, and I-765.
Here is a summary of the changes:
Form I-129, Petition for a Nonimmigrant Worker
- Non-Immigrant Visa Classifications: H-2B and R-1. Premium processing fee increase from $1,500 to $1,685.
- Non-Immigrant Visa Classifications: 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. Premium processing fee increase from $2,500 to $2,805.
Form I-140, Immigrant Petition for Foreign National Workers
- Immigrant Visa Classifications: EB classifications (E11, E12, E21 (non-NIW), E31, E32, EW3, E13, and E21 (NIW). Premium processing fee increase from $2,500 to $2,805.
Form I-539, Application to Extend/Change Nonimmigrant Status
- Non-Immigrant Visa Classifications: 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. Premium processing fee increase from $1,750 to $1,965.
Form I-765, Application for Employment Authorization Document (EAD)
- Non-Immigrant Visa Classification: F-1 Student seeking Optional Practical Training (OPT) or STEM OPT extensions. Premium processing fee increase from $1,500 to $1,685.
The premium processing fee increases will take effect on February 26, 2024. USCIS will reject all Form I-907, Applications for Premium Processing submitted on or after February 26, 2024, with the incorrect filing fees.
If you request premium processing on your case, USCIS guarantees that it will adjudicate the case within the time periods described below:
- 15 calendar days for most classifications;
- 30 calendar days for Form I-765 for F-1 students seeking OPT or STEM OPT extensions;
- 30 calendar days for Form I-539 applicants requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status, once all prerequisites, including receipt of biometrics, have been met;
- 45 calendar days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver classifications
If USCIS fails to adjudicate within the above timeframes, USCIS must refund the premium processing fee. For more detail on the Department of Homeland Security’s increase in Premium Processing filing fees, click here.
If interested in learning more about premium processing or any other immigration issue, please consult with the team at Kolko and Casey, P.C. We would be glad to discuss any immigration issue with you.
