The rule is effective on March 1, 2026, and will apply to any request for premium processing postmarked on or after March 1, 2026. Any Premium Processing applications filed on or after March 1, 2026, without the increased fee, will be rejected. 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 $1,685 to $1,780.
- 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 $2,805 to $2,965.
Form I-140, Immigrant Petition for Foreign National Workers
- Immigrant Visa Classifications: EB classifications (E11, E12, E13, E21 (NIW and non-NIW), E31, E32, and EW3. Premium processing fee increase from $2,805 to $2,965.
Form I-539, Application to Extend/Change Nonimmigrant Status
- Non-Immigrant Visa Classifications: F–1, F–2, M–1, M–2, J–1, and J–2. Premium processing fee increase from $1,965 to $2,075.
- Note, Premium Processing is currently not available for E–1 and E–2 dependents, E–3 dependents, O–3, P–4, and R–2. Certain L-2 and H-4 dependents may see their applications adjudicated along with the L-1 and H-1B principal if the applications are filed together.
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 $1,685 to $1,780.
If you request premium processing on your case, USCIS guarantees that it will adjudicate the case within the time periods described below:
- 15 business days for most classifications;
- 30 business days for Form I-765 for F-1 students seeking OPT or STEM OPT extensions;
- 30 business 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 business 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.
About the Author
Petula McShiras is a Senior Associate Attorney at Kolko & Casey, P.C. Petula specializes in employment based, naturalization and family based immigration matters.
