USCIS – Premium Processing Filing Fee Increased on February 26 & Overall Fee Increases as of April 1

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In December 2023, USCIS announced a final rule that went into effect on February 26, 2024, increasing the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. 

The USCIS Stabilization Act established the Department of Homeland Security’s (DHS) authority to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following passage of the Act, DHS is now increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees for certain processes from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.  USCIS has issued an alert regarding the specific categories subject to these increases here.

The fee change went into effect on February 26, 2024. 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.

In addition to the February 26th increase to Premium Processing fees, a wider fee increase will go into effect on April 1, 2024. The aim of this fee increase is to adjust for inflation and lower the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures. 

I-129 and I-140 petitions will require a new Asylum Program Fee to help fund the asylum adjudication process. The American Immigration Lawyers Association (AILA) issued a Practice Pointer (AILA Doc. No. 2402147) regarding these fee increases on February 14, 2024.  The Practice Pointer notes the tiered fee structure for I-140 and I-129 petitions as follows:

  • Small businesses with 25 or less full-time equivalent (FTE) employees will continue to pay the current $460 filing fee and half of the Asylum Program fee.

  • Nonprofit organizations will continue to pay the current $460 filing fee and are not subject to the Asylum Program Fee.

  • Under the Final Rule, forms filed online may be eligible for a discount of $50. This should include the Form I-129 for FY2025 H-1B petitions, as USCIS recently announced that the Form I-129 for H-1B petitions will be available for online filing this cap season.

AILA’s practice pointer further notes the change in fee structure for I-485 applications as follows:

“Previously, the fee for the Form I-1485 included the cost of ancillary benefit applications for employment authorization (Form I-765) and advance parole (Form I-131), but these fees are now being charged separately because USCIS stated that not all applicants need or want these ancillary benefits. The Final Rule also reduces the that the cost of a Form I-765 filed concurrently with or based on a pending adjustment of status by 50 percent. Finally, the Final Rule provides a reduced fee for certain forms that are filed online, including the Form I-765. However, the online filing reduced fee is not applicable to the reduced fee form I-765.

…if an applicant who is over 14 years of age files an adjustment of status application on or after April 1, 2024 and also applies for work authorization and advanced parole the new total cost will be $2,330 an increase from $1,225.”

In addition to fee increases, this rule also includes expanded fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and designated Afghan allies; and families pursuing international adoption.  It provides discounts for nonprofit organizations and small business employers. For applicants for Adjustment of Status, it allows for half-price Employment Authorization Document applications and a reduced fee for adjustment of status applicants under the age of 14 in certain situations.  The final rule also expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines.  In an effort to expand online filing capabilities, the rule also includes a standard $50 discount for online filers.

The full final rule including charts of all fee increases can be found here.