For employers and employees navigating the U.S. immigration system, time is often the most critical resource. The United States Citizenship and Immigration Services (“USCIS”) Premium Processing Service allows petitioners to significantly accelerate the adjudication of certain forms, specifically Form I-129 (Nonimmigrant Worker) and Form I-140 (Immigrant Worker), for an additional fee.
As of early 2026, USCIS has announced significant updates regarding fee structures and availability. This guide consolidates everything you need to know about using Premium Processing this year.
Latest Update: Fee Increase Effective March 1, 2026
In January 2026, USCIS, through the Department of Homeland Security, announced a final rule to increase premium processing fees to adjust for inflation.
Important: If you are filing Form I-907, Request for Premium Processing Service postmarked on or after March 1, 2026, you must pay the new fee. Filings with incorrect fees will be rejected.
2026 Premium Processing Fee Schedule
| Form Type | Eligible Categories | Previous Fee | New Fee (Starting March 1, 2026) |
| Form I-129 | H-1B, L-1, O-1, TN, E-1, E-2, E-3, P-1/P-2/P-3, Q-1 | $2,805 | $2,965 |
| Form I-129 | H-2B (Temporary Non-Agricultural) & R-1 (Religious Worker) | $1,685 | $1,780 |
| Form I-140 | EB-1, EB-2 (non-National Interview Waiver), EB-3 | $2,805 | $2,965 |
| Form I-140 | National Interest Waiver & EB-1C (Multinational Exec) | $2,805 | $2,965 |
| Form I-765 | F-1 OPT & STEM OPT Extensions | $1,685 | $1,780 |
| Form I-539 | Change/Extension of Status (F, J, M visa holders) | $1,965 | $2,075 |
Processing Times: What Does the Fee Get You?
Paying the premium fee guarantees that USCIS will take action on your case within a specific timeframe. “Action” means issuing an Approval Notice, a Denial Notice, or a Request for Evidence (RFE).
- Fifteen (15) Business Days: Standard timeframe for most I-129 (H-1B, L-1, O-1) and I-140 (EB-1A, EB-1B, EB-2, EB-3) petitions.
- Thirty (30) Business Days: For Form I-765 (OPT/STEM OPT) and Form I-539.
- Forty-Five (45) Business Days: For EB-2 National Interest Waiver (NIW) and EB-1C (Multinational Executive or Manager).
Pro Tip: If USCIS fails to adjudicate your case within this window, they must refund your Premium Processing fee, and the case will continue to be processed expeditiously.
Strategic Analysis: Should You Upgrade?
While the speed is attractive, the costs are significant. Here is when we recommend using it:
When to Use Premium Processing:
- Approaching Visa Max-Out: If an H-1B or L-1 employee is nearing their limit and needs an I-140 approval to extend their status.
- Travel Needs: If the employee needs to travel internationally and requires a valid approval notice to re-enter the United States.
- Driver’s License Renewal: Many states require a valid I-797 Approval Notice to renew a driver’s license.
When to Wait (Regular Processing):
- Retrogression: If your priority date is not current (e.g., EB applicants from China, India or the Philippines), having an I-140 approved in 15 days for certain categories such as EB-3 for other workers will not be issued a Green Card any faster. You still have to wait for a visa to become available.
- RFE Risk: Some attorneys believe that Premium Processing files are scrutinized more heavily due to the rushed timeline, potentially leading to increased RFE, though USCIS denies this bias.
How to File
You can request Premium Processing by filing Form I-907 either:
- Concurrently: Filed in the same package as your Form I-129 or I-140.
- Upgrade: Filed later for a pending case (you must include the receipt number of the pending petition).
Frequently Asked Questions
What are the USCIS premium processing fees for Form I-129 and Form I-140 in 2026?
Effective March 1, 2026, the premium processing fees are: $2,965 for most Form I-129 petitions (H-1B, L-1, O-1, TN, E-1, E-2, E-3, P, Q) and most Form I-140 petitions (EB-1, EB-2, EB-3, NIW, EB-1C); $1,780 for Form I-129 in the H-2B and R-1 categories; $2,075 for Form I-539; and $1,780 for Form I-765 OPT and STEM OPT. All Form I-907 requests postmarked on or after March 1, 2026 must include the new fee amounts. Petitions filed with the incorrect fee will be rejected.
How do I file Form I-907 to request premium processing?
There are two ways: (1) File Form I-907 concurrently together in the same package as the underlying I-129 or I-140 petition; or (2) File Form I-907 as an upgrade for a pending petition by submitting it separately with the receipt number of the petition already on file with USCIS. The fee in effect on the postmark date of the I-907 controls; misfiled fees result in rejection of the premium processing request.
What happens if USCIS does not act within the guaranteed processing window?
If USCIS fails to issue a decision (approval, denial or RFE) within the guaranteed window of 15, 30 or 45 business days depending on the petition type, USCIS is required to refund the full premium processing fee to the filer. The petition continues to be processed on the premium track even after the fee is refunded.
Do EB-2 NIW and EB-1C get the 15-business-day guarantee?
No. This is a common misconception. Although the premium processing fee for EB-2 NIW and EB-1C petitions is $2,965 like most other categories, the guaranteed processing window for these two categories is 45 business days rather than 15. This reflects the greater complexity of evaluating extraordinary ability and multinational manager petitions compared to standard employment-based petitions.
When does premium processing not make strategic sense even if timing is critical?
Two key situations: (1) When the priority date is not current due to visa retrogression, particularly for EB-3 applicants from India or China: receiving an I-140 approval in 15 days does not accelerate the wait for a green card because the bottleneck is visa availability, not USCIS processing; (2) When the petition has meaningful risk of receiving an RFE: some practitioners believe premium processing petitions may face closer scrutiny under the compressed timeframe, though USCIS disputes this, so a petition that is not fully prepared may benefit from additional preparation time under standard processing instead.
Need Assistance with Expedited Filings?
Navigating the fee changes and eligibility rules for 2026 can be complex. Enterline and Partners oversees employment-based petitions for certain companies and investors across Asia.
If you have any questions about Form I-129 and Form I-140, please contact us at info@enterlinepartners.com.
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Copyright 2026. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
