DHS Finalizes Premium Processing Fee Increase 2026

Key Point  

• DHS has finalized a rule increasing Premium Processing fees, with the new rates required for all requests postmarked on or after March 1, 2026 

Premium Processing Fees  

The Department of Homeland Security (DHS) has issued a final rule increasing Premium Processing fees to account for inflation. Beginning March 1, 2026, all Premium Processing requests must include the updated fee. The rule appears in the Federal Register and applies to all USCIS forms eligible for Premium Processing. 

On January 12, 2026, DHS published the final rule titled “Adjustment to Premium Processing Fees” under 8 CFR Part 106. The update raises Premium Processing fees based on the 5.72% inflation increase measured by the Consumer Price Index for All Urban Consumers (CPI‑U) from June 2023 to June 2025.

The rule will took effect on January 12, 2026, with a compliance date of March 1, 2026. Any Premium Processing request postmarked on or after March 1 must include the new fee.

New Premium Processing Fees 

The final rule sets the following updated fees: 

• Form I‑129 (H‑2B, R‑1): $1,780 (up from $1,685) 
• Form I‑129 (all other classifications, including H‑1B, L‑1, O‑1, TN, E‑3): $2,965 (up from $2,805) 
• Form I‑140: $2,965 (up from $2,805) 
• Form I‑539 (F‑1, F‑2, M‑1, M‑2, J‑1, J‑2): $2,075 (up from $1,965) 
• Form I‑765 (OPT and STEM OPT categories): $1,780 (up from $1,685) 

USCIS will reject any Premium Processing request submitted with an incorrect fee on or after March 1, 2026. 

Why Fees Are Increasing 

DHS is required by statute to adjust Premium Processing fees every two years to keep pace with inflation. The agency notes that regular adjustments help maintain service levels, support adjudication operations and address processing backlogs.

DHS estimates the new fees will generate approximately $77 million in additional annual revenue to support USCIS operations.

Looking Ahead 

Envoy Global will continue monitoring DHS and USCIS for additional implementation guidance. Employers should expect updated fee charts and instructions from USCIS before the March 1, 2026, compliance date. 

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