Are USCIS Premium Processing Fees Increasing in 2026? What Applicants Must Know by March 1 (Updated: Jan 2026)
“Are USCIS premium processing fees really going up again — and is it official?”
Yes. On January 9, 2026, the U.S. Department of Homeland Security officially finalized the annual inflation-based adjustment to Premium Processing fees.
The new fees take effect for applications postmarked or submitted on or after March 1, 2026.
This guide breaks down the confirmed fee increases, filing rules, and tax considerations from the perspective of a New York–based Enrolled Agent (EA) working closely with immigration-related filings.
- 1️⃣ What Was Officially Announced in January 2026?
- 2️⃣ Confirmed Premium Processing Fees Effective March 1, 2026
- 3️⃣ Common Filing Questions (Google Q&A)
- 4️⃣ EA Insight — Are Premium Fees Tax Deductible?
- 5️⃣ Refund Rules & USCIS Processing Guarantees
- 6️⃣ Practical EA Commentary — Cap Season & Filing Strategy
1️⃣ What Was Officially Announced in January 2026?
On January 9, 2026, DHS published its Final Rule adjusting USCIS Premium Processing fees under statutory authority.
This was not a policy overhaul, but a scheduled inflation-based update tied to the Consumer Price Index (CPI).
- Final Rule Issued: January 9, 2026
- Effective Date: March 1, 2026
- Paper Filings: Postmark date controls
- Online Filings: Submission timestamp applies
2️⃣ Confirmed Premium Processing Fees Effective March 1, 2026
| Form | Primary Categories | Prior Fee | Effective 03/01/2026 |
|---|---|---|---|
| I-129 | H-1B, L-1, O-1, TN, E-1/E-2, P | $2,805 | $2,965 |
| I-129 | H-2B, R-1 | $1,685 | $1,780 |
| I-140 | Employment-Based Green Cards (EB-1, EB-2, EB-3) | $2,805 | $2,965 |
| I-539 | Status Change / Extension (F, J, M) | $1,965 | $2,075 |
| I-765 | Employment Authorization (OPT, STEM OPT) | $1,685 | $1,780 |
3️⃣ Common Filing Questions (Google Q&A)
Q. What happens if I submit the old fee after March 1?
USCIS may reject the entire premium request. This can cause costly delays, especially during time-sensitive filing windows.
Q. Do pending cases require an additional payment?
No. Premium Processing fees are determined strictly by the date of receipt. Properly filed cases before March 1 are not subject to retroactive charges.
4️⃣ EA Insight — Are Premium Fees Tax Deductible?
When premium processing is paid by a company for legitimate hiring or retention needs, the fee may qualify as an ordinary and necessary business expense.
EA Tip: Keep proof of payment together with the I-797 receipt notice to support expense classification.
Employment-related immigration fees paid personally are generally not deductible at the federal level.
However, limited state-level considerations may apply. Retain all documentation.
5️⃣ Refund Rules & USCIS Processing Guarantees
Premium Processing guarantees USCIS action — approval, denial, or request for evidence — within a defined time frame.
If no qualifying action occurs, the premium fee must be refunded.
- 15 calendar days: I-129, I-140
- 30 calendar days: I-539, I-765
Note: An RFE counts as USCIS action and does not trigger a refund.
6️⃣ Practical EA Commentary — Cap Season & Filing Strategy
While the increase ranges from $100–$160, the real risk lies in filing errors or rejected submissions.
March coincides with the H-1B cap season, making precision and timing more critical than the fee change itself.
Employers should finalize budgets and filing strategies well in advance.
Fees can change. Missed filing windows cannot.
Individual circumstances and state laws may vary. Professional consultation is recommended.