By: Weija (Victoria) Ma

Seyfarth Synopsis: Department of Homeland Security (DHS) published a final rule to increase premium processing fees. The new fees will start on February 26, 2024.

On December 27, 2023, USCIS announced an inflation adjustment to premium processing fees effective February 26, 2024.

Pursuant to the USCIS Stabilization Act, codified through the USCIS Stabilization Rule by the inflationary adjustment calculation provided by INA 286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C), DHS possesses the authority to adjust the premium processing fees charged by USCIS on a biennial basis.

DHS will increase the fees reflecting the 12.3% increase in the Consumer Price Index for All Urban Consumers (CPI-U) from June 2021 to June 2023. The fee increases are as follows:

Form (Classification)Previous FeeNew Fee
Form I-129, Petition for a Nonimmigrant Worker (All available Form I-129 classifications, except as noted below)$2,500$2,805
Form I-129, Petition for a Nonimmigrant Worker (H-2B or R-1 nonimmigrant status)$1,500$1,685
Form I-140, Immigrant Petition for Alien Worker$2,500$2,805
Form I-539, Application to Extend/Change Nonimmigrant Status$1,750$1,965
Form I-765, Application for Employment Authorization (F-1 Optional Practical Training and F-1 STEM Optional Practical Training Extension)$1,500$1,685

Companies should include these new fee increases for budgeting purposes. Please note that individuals and companies may only request premium processing if their classification is eligible for premium process service. Eligible classifications can be found here.

Seyfarth will continue to monitor and report on any new developments in this area.  If you have any questions, please feel free to reach out to the author or your Seyfarth attorney.