On January 12, 2026, the U.S. Citizenship and Immigration Services (USCIS) published a final rule that will raise the fees for its Premium Processing Service, marking another significant adjustment in the cost structure for employment-based immigration in the United States. The new fees, which are set to take effect on March 1, 2026, reflect increases based on inflation measured between June 2023 and June 2025, as reported by both USCIS and Ogletree Deakins. For many employers, applicants, and immigration attorneys, these changes signal a new era in the already complex landscape of U.S. immigration processing.
So, what exactly is changing? The headline news is that the premium processing fee for some of the most commonly used forms—such as Form I-129 for nonimmigrant worker petitions (including the E-3, H-1B, L-1, O-1, and TN classifications) and Form I-140 for employment-based immigrant petitions—will jump to $2,965. This is a noticeable increase from the previous fee of $2,805, and it will impact a wide swath of employers and foreign nationals seeking to expedite their applications.
But that’s not all. The premium processing fee for certain Form I-539 applications, which are used by individuals seeking to extend or change their nonimmigrant status (covering F-1, F-2, J-1, J-2, M-1, and M-2 categories), will also rise, moving from $1,965 to $2,075. Meanwhile, the fee for Form I-765, the application for employment authorization (including OPT and STEM OPT), will increase from $1,685 to $1,780. According to the USCIS announcement, these updated fees will apply to any Form I-907, Request for Premium Processing Service, that is filed and postmarked on or after March 1, 2026. Requests submitted with the incorrect fee after this date will be rejected outright, so applicants and employers will need to be vigilant about the timing and accuracy of their filings.
These fee hikes are not arbitrary. Under the Emergency Stopgap USCIS Stabilization Act, the U.S. Department of Homeland Security (DHS) has the authority to adjust premium processing fees every two years to account for inflation. The last adjustment was made in February 2024, making this the next scheduled increase under the law. The intention behind this authority, as outlined by both USCIS and legal experts at Ogletree Deakins, is to ensure that the agency can keep pace with rising operational costs and maintain the integrity and efficiency of its premium processing services.
Where does this extra money go? According to the final rule published by USCIS, the increased revenue from these fee hikes will be used to support premium processing services, enhance adjudication processes, reduce existing backlogs, and provide funding for USCIS adjudication and naturalization services. The hope is that by injecting additional resources into the system, the agency can speed up processing times and tackle the persistent backlog issues that have plagued U.S. immigration in recent years. As USCIS stated, "The revenue generated from these fee increases will be used to support premium processing services, enhance adjudication processes, reduce existing backlogs, and provide funding for USCIS adjudication and naturalization services."
For employers who regularly sponsor foreign workers, these changes are far from trivial. Premium processing has long been a vital tool for companies seeking predictability and speed in hiring international talent. The service guarantees a response from USCIS within a set period—typically 15 calendar days—in exchange for an additional fee. When processing times for standard applications can stretch for months, or even longer, the ability to expedite a decision can make all the difference in securing critical personnel. However, as the cost of this service continues to rise, some organizations may find themselves re-evaluating how often they use it, particularly for roles or candidates where the urgency is less acute.
Applicants themselves—especially international students and recent graduates applying for work authorization—are also likely to feel the pinch. The increase in the Form I-765 premium processing fee from $1,685 to $1,780 may not sound dramatic in isolation, but for those already grappling with high tuition, living expenses, and other immigration-related costs, every additional dollar matters. For many, the decision to pay for premium processing is not taken lightly, and the higher fees could force some to weigh the benefits of faster adjudication against an ever-tighter budget.
Legal practitioners are already advising clients to be mindful of the upcoming changes. As Ogletree Deakins noted, "Employers and applicants may wish to be mindful of the fee increases and the date on which their requests for premium processing service are postmarked when filing, as requests that are filed with incorrect fees will be rejected." In other words, timing is everything. Applications postmarked before March 1, 2026, can still use the current fee structure, but any delay could mean paying the higher amount. This makes careful planning and communication between employers, applicants, and their legal representatives more important than ever.
The broader context for these changes is a U.S. immigration system that has faced mounting challenges over the past several years. Backlogs have grown, processing times have lengthened, and the demand for premium processing has only increased as more individuals and organizations seek to navigate the system as efficiently as possible. By tying fee increases to inflation and scheduling regular adjustments, the DHS aims to create a more sustainable funding model for USCIS—a move that is both practical and, some would argue, overdue.
Still, the new fees are likely to spark debate. On one hand, supporters argue that the increases are necessary to cover rising costs and ensure that premium processing remains a viable option for those who need it most. On the other hand, critics contend that the higher fees could place undue financial strain on smaller employers, students, and less affluent applicants, potentially limiting access to expedited services for those who might benefit most. As with many issues in immigration policy, the balance between efficiency, fairness, and accessibility remains a delicate one.
For now, the message from USCIS is clear: prepare for the new fees, double-check your filing dates, and don’t get caught off guard. With these changes just around the corner, both employers and applicants would do well to plan ahead and consult with experienced immigration counsel to ensure compliance. As the U.S. immigration landscape continues to evolve, staying informed and proactive will be key to navigating the road ahead.
As the March 1, 2026, deadline approaches, the real test will be whether these increased fees deliver on their promise of faster processing and reduced backlogs—or if they simply add another layer of complexity and cost to an already challenging system. Only time will tell, but for now, the stakes—and the price tag—are higher than ever.
