Premium processing will become more expensive starting on February 26, 2024. According to USCIS, it is raising the fees to adjust for inflation.

The newly generated income, estimated to be approximately $185 million, will be used to respond to adjudication demands and reduce processing times throughout the agency.

USCIS has been rolling out premium processing for various types of cases with various fees and timelines since 2022.

If USCIS receives a form with the incorrect filing fee after February 26, 2024, based upon the postmark, it will be rejected. Under USCIS rules, if you do not use the USPS for filing, the postmark date is the date reflected on the commercial carrier’s receipt.

Below are the most recent increases, each slightly more than 12 percent:

FormPrevious FeeNew Fee
Form I-129, Petition for Nonimmigrant Worker: R-1 or H-2B$1,500$1,685
Form I-129, Petition for Nonimmigrant Worker: All Other$2,500$2,805
Form I-140, Immigrant Petition for Alien Worker Employment Based$2,500$2,805
Form I-539, Application to Extend/Change Nonimmigrant Status$1,750 (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)$1,965
Form I-765, Application for Employment Authorization$1,500 (Certain F-2 students)$1,685

USCIS operates as a fee-based entity and estimated additional funds are based on historical data.

Jackson Lewis attorneys are available to discuss possible strategies that might allow filings to be done prior to the fee increases.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.