USCIS Premium Processing Fee Increase and Expansion to New Case Types

Premium processing services will be expanded under a recent federal government funding bill that was just passed by Congress. Under the bill, the cost of premium processing will increase, and will also be available to many types of cases where premium processing was not available.

 

The law takes effect immediately, however, it will likely take USCIS several weeks to implement the changes and begin accepting cases that are newly eligible for premium processing. It is also not clear at this time what the exact fees will be. At this point in time, the only numbers that have been provided are the upper limit caps.

 

This is a breakdown of what we know:

 

  • H-1B, L-1, O-1, TN, and other non-immigrant petitions filed on I-129: $2500. Timing for adjudication remains at 15 calendar days.

 

  • I-140 petitions for most case types: $2500. Timing for adjudication remains at 15 calendar days.

 

  • NEW: I-539 applications for dependents: upper limit of $1750. Timing for adjudication will be 30 days.

 

  • NEW: I-140 for Multinational Managers and National Interest Waiver: upper limit of $2500. Timing for adjudication will be 45 days.

 

  • NEW: EAD card applications: upper limit of $1500. Timing for adjudication will be 30 days.

 

USCIS will make announcements about accepting additional case types and the schedule for rolling out premium processing fee increases. We are watching for these announcements and will provide details as they become available.

New USCIS Fees Put on Hold

A federal judge in California issued an injunction on Tuesday preventing the USCIS from putting in place a new fee schedule.  The new fee schedule was set to go into effect on October 2, 2020, but as of now that will not happen.  On the issue of whether there was proper authority within the Department of Homeland Security to implement the new fee structure, the judge determined that there was sufficient uncertainty and temporarily blocked it from going into effect.

 

This means that for the time being, the current fee schedule will stay in effect.  The government will no doubt challenge this preliminary injunction in the 9th Circuit Court of Appeals, but it is unclear how long that process will take.  It is important to note that this is a very fluid situation and the new fee schedule could go into effect with almost no notice.

 

We will continue to monitor this situation closely and publish new information as it becomes available.

USCIS Announces Final Filing Fee Adjustments

Effective October 2020, USCIS will implement fee adjustments for certain immigration and naturalization benefit applications. One of the most notable adjustments is that Form I-129 is no longer a uniform rate. Rather, the fee will depend on the type of non-immigrant status. For example, the I-129 fee for an H-1B is changing to $555, while the I-129 fee for an L-1 is now $805.

 

Along with the proposed fee adjustments, USCIS will also be extending the time to adjudicate premium processing petitions from 15 calendar days to 15 business days.

 

Additionally, Adjustment of Status (I-485) applicants seeking an Employment Authorization Document and an Advanced Parole document will be required to pay a separate fee for each application and each renewal. A separate part of the I-485 fee adjustment removes the fee discount for minor children under 14 years; their cases will now require the full I-485 filing fee.

 

The fee changes for certain immigration and naturalization applications are below:

 

Immigration Benefit RequestCurrent FeeFinal FeeChange ($)
I-129 (H-1B)$460$555+$95
I-129 (L-1)$460$805+$345
I-129 (O)$460$705+$245
I-140$700$555-$145
I-539$370$400+$30
I-765 (EAD)$410$550+$140
I-131 (Advance Parole)$575$590+$15
I-485 (Adjustment of Status)$1,140$1,130-$10
N-400 (Naturalization)$640$1,170+$850

 

Please contact your Graham Adair representative with any questions.